Allahabad High Court Quashes Arbitrary Arms Licence Cancellation by District Magistrate

Court restores Yogendra Prasad's licence and orders the return of seized weapon due to non-fulfillment of Rule 32 requirements.

In a significant judgment, the Allahabad High Court has quashed the orders of the District Magistrate, Ghazipur, and the Commissioner, Varanasi Division, which cancelled the arms licence of Yogendra Prasad and seized his weapon. The court found these orders to be arbitrary and perverse, highlighting the non-fulfillment of the essential requirements under Rule 32 of the Arms Rules, 2016.

The case arose when Yogendra Prasad's licence for his N.P.B. Revolver was suspended by the District Magistrate in August 2021, following allegations of improper use. Prasad contested the cancellation, asserting that he had never violated the conditions of his licence and that there were no criminal cases against him. He argued that the suspension was based on conjectures rather than concrete evidence.

The High Court, presided over by Justice Kunal Ravi Singh, scrutinized the orders and the application of Rule 32, which mandates restrictions on carrying firearms in public places and prohibits brandishing or discharging firearms in such areas. The judgment emphasized that the authorities failed to demonstrate that Prasad's actions met the conditions necessary for licence cancellation under this rule.

Justice Singh noted that the District Magistrate's order did not provide any specific findings on whether Prasad had violated Rule 32, such as carrying the firearm improperly or engaging in public firing. The appellate order by the Commissioner similarly lacked detailed evaluation of Prasad's reply to the allegations, resulting in reliance on mere assumptions.

Consequently, the High Court ruled the cancellation and seizure orders illegal and ordered the restoration of Prasad's licence, alongside the return of his weapon and cartridges, contingent upon the validity of his licence. This judgment underscores the necessity for authorities to adhere strictly to legal provisions and ensure fair processes when exercising their powers under the Arms Act and Rules.

Bottom Line:

Arms Licence - Cancellation under Rule 32 of Arms Rules, 2016 - Essential ingredients under Rule 32 must be satisfied before cancellation of licence and seizure of weapon - Orders quashing licence and seizing weapon found arbitrary and perverse in law for non-fulfillment of Rule 32 requirements.

Statutory provision(s): Arms Act, 1959, Arms Rules, 2016 (Rule 32), Section 17(3) of the Indian Arms Act, Section 18 of the Indian Arms Act

Yogendra Prasad v. State of U.P., (Allahabad) : Law Finder Doc Id # 2815707