🔹S. 17 (3) (b) and (c) – Arms licence –
Cancellation of Ground for issue of show cause notice, that licence obtained by giving wrong address and several criminal case pending against him – Well settled law that mere involvement in criminal case is not the ground for cancellation of licence On perusal of show cause notice dated 17.1.2003 it is apparent that the show cause notice was given only with regard to licence of the petitioner of SBBL gun and it was mentioned therein that while moving an application for grant of licence for SBBL gun, he had to give correct address i.e. his permanent address of village Kondrajeet, Thana Baghrai. There is no allegation with regard to licence of the applicant of revolver. The order passed by the Licensing Authority as well as appellate authority also indicate that so far as licence of revolver is concerned, there is no dispute that the petitioner has got the licence in 1992 by giving his permanent place of residence at village Kondrajeet, Thana Baghrai. In view thereof, a irresistible conclusion is that so far as grant of licence in the year 1992 is concerned, there is no suppression of material fact. The licence of revolver could not have been cancelled by the Licensing Authority on this ground. In so far as involvement in the criminal cases is concerned, it is well settled that mere involvement in a criminal case is not the ground for cancellation of licence under Section 17 of the Arms Act in view of catena of decision by this Court on this point and there is consistent view in this regard.
Case Law:
Rajesh Kumar Singh v. State of U.P.
Citation:
2013 (82) ACC 82)