The Allahabad High Court ruled that a person (petitioner) cannot be fastened with the liability of cancellation of his licence and seizure of his weapon, without clearly specifying a violation of Rule 32 of the Arms Rule, 2016.
Since the District Magistrate has not given any finding with regard to Rule 32, that either the weapon being carried in a holster or any equipment manufactured, designed to carry the same as required was not done so, or if the weapon was discharged in any public place, the High Court set aside the order for cancellation and seizure of the arms.
A Single Judge Bench of Justice Kunal Ravi Singh observed that before a licence can be cancelled under Rule 32, the authority must form an opinion as to whether any licensed firearm was either not carried in the proper protective gear or was brandished, discharged or whether any blank firing took place in any public place or firearm-free zone. Such considerations and opinions are sine qua non for the invocation of Rule 32 under the Rules, 2016.
The Bench referred to Rule 32 of the Arms Rule, 2016, which mentions restrictions on carrying of a firearm in a public place and has a negative connotation that no person can carry a firm arm in public place unless the fire arm is carried in a holster or a holder of any other equipment i.e. designed, manufactured or adopted for carrying of a fire arm.
Furthermore, the Bench highlighted the prohibition under Rule 32 on brandishing or discharging of firearms or blank-firing firearms in a public place or firearm-free zone, and the consequences of such violation are the cancellation of the licence and seizure of the weapon.
Since the Authorities have failed to meet the essential ingredients of Rule 32, therefore, the petitioner cannot be penalised with cancellation of license and seizure of weapon, concluded the Bench.
Briefly, the petitioner was granted an arms licence for N.P.B. Revolver 32, which was renewed from time to time by the competent authority and was valid up to September 14, 2020. In the meantime, a notice was issued by the District Magistrate, Ghazipur, based on the report of the SHO, Ghazipur, directing suspension of the licence of the petitioner along with an order to deposit the weapon with the police station. Later on, the gun licence of the petitioner was cancelled by the District Magistrate. The petitioner challenged this cancellation of his licence before the Commissioner, but in vain.
Appearances:
Advocates Kailash Singh Kushwaha and Ramesh Chandra Yadav, for the Petitioner
CSC, for the Respondent
