Judgment:
217 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH C.W.P.No.20352 of 2013 Date of Decision: May 01, 2014 Madan Lal ........Petitioner Versus State of Punjab and others ....Respondents CORAM: HON'BLE MRS.JUSTICE RITU BAHRI Present: Mr.N.C.Kinra, Advocate for the petitioner.
Mr.Rupam Aggarwal, DAG, Punjab.
RITU BAHRI, J.
(Oral) Challenge in this petition is to the report dated 31.10.2011 (Annexure P-2).orders dated 15.12.2011 (Annexure P-4) and 12.01.2013 (Annexure P-5) passed by respondent No.2, whereby Arms Licence of the petitioner has been cancelled.
Petitioner was facing a trial in FIR No.61 dated 18.07.1995 under Sections 419, 420, 467, 468, 471, 120-B, Police Station Banga and was acquitted from the court on 11.08.2007.
An application was made by the petitioner on 08.09.2011 for renewal of his Arms Licence No.72/113 police Station Nasirabad.
The SSP, SBS Nagar dated 31.10.2011 (Annexure P-2) sent his report to respondent No.3 that the petitioner had been acquitted on 11.08.2007.
The recommendation was made not to renew the Arms licence as he was a man of criminal nature.
Based on verification report, the application for renewal was declined vide orders dated 15.12.2011 (Annexure P-4) and 12.01.2013 (Annexure P-5).Anju 2014.05.07 14:14 I attest to the accuracy and integrity of this document C.W.P.No.20352 of 2013 -2- The above factum is not disputed by the respondent by way of filing in the written statement.
The impugned orders (Annexure P-4 and P-5) has been passed under Section 17(3) of the Arms Act, 1959, which requires that if the licence authority is satisfied that the holder of the licence is prohibited by this Act or by any other law, the licence authority can sustain the licence for the security of the public peace or for public safety, licence was obtained by the suppression of material information or there is violation of any condition of licence.
As per Section 17(7) of the Act, if the holder of a licence has been convicted in any offence, the licence can be suspended or revoked.
It is further provided that if conviction is set aside on appeal or otherwise the suspension or revocation shall become void.
The petitioner has been issued this Arms Licence in the year 1973 and during the pendency of the trial in FIR No.61 dated 18.07.1995 licence had been renewed from time to time.
Since the petitioner has now been acquitted, there is no ground for cancelling the Arms licence of the petitioner.
The verification report submitted by the SSP (Annexure P-2) does not indicate that the conduct of the petitioner after his acquittal in the year 2007 and whether the petitioner had failed in any of the conditions specified in Section 17(3) of the Act.
In view of the above, orders dated 15.12.2011 (Annexure P-4) and 12.01.2013 (Annexure P-5) are set aside and a direction is given to the District Magistrate to pass a fresh order on the Anju 2014.05.07 14:14 I attest to the accuracy and integrity of this document C.W.P.No.20352 of 2013 -3- application of the petitioner.
The writ petition is allowed.
(RITU BAHRI) 01.05.2014 JUDGE anju Anju 2014.05.07 14:14 I attest to the accuracy and integrity of this document