Registration of criminal case no ground to revoke arms licence: HC

On December 31, 2010 he was served with a showcause notice by the police commissioner, Pune intimating him as to why the licence should not be revoked, for having a criminal cases against him. He was heard by the licensing authority, which revoked his license on February 8, 2011.

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“Nothing was placed before us by the police or the state to indicate that the petitioner had misused the weapon at any point of time in the past. The order of revocation of licence refers to two criminal cases registered against the petitioner… Merely because a criminal case is pending, the provisions revoking the license under the Arms Act would not be attracted. Such provisions would be attracted in case the licensing authority finds that continuance of licence is detrimental to public peace or public security and safety.” pointed out the court..

The court set aside the order of February 8, 2011 passed by commissioner of police, Pune and order of March 21, 2012 passed by the minister (Home).

“The commissioner of police, Pune is directed to consider whether there is any reason under the Arms Act, 1959 for cancelling the Arms licence granted to the petitioner. If no such circumstances exist, we direct that the petitioner’s Arms licence be renewed. The entire exercise shall be completed within a period of two months,” said Justice Naresh Patil.

The court observed that while protection of life and property of citizens is the responsibility of the State, a person only applies for a licence to procure a weapon if he or she apprehends that State machinery will not come to his help for protection.

“The right to life and liberty are guaranteed under Article 21 of the Constitution. Arms licence is granted for personal safety and security after due enquiry by the authorities in accordance with provisions contained in the Arms Act, 1959. The provisions of the Arms Act, with regard to suspension or cancellation of Arms licence, cannot be invoked lightly in an arbitrary manner,” said the High Court.

The counsel appearing for Bhosale had argued that from the date of issuance of licence, no incidents were reported to police alleging that the petitioner misused his licenced weapon. According to his Counsel, he required the licenced weapon as he is engaged in business, political and social activities.

The public prosecutor had, meanwhile, said that considering Bhosale’s antecedents and criminal record, the police commissioner had revoked the licence and the order was confirmed by the State. Therefore, no interference is warranted with the order.