High Court of Bombay Quashes Revocation of Arms License by Licensing Authority Under Arms Act, 1959. Cancellation Based on Offences Against Family Members Held Insufficient Without Establishing Nexus to Licensee, and Orders Passed Mechanically Without Proper Satisfaction of Public Safety Under Section 17(3)(b).

Case Note & Summary

The petitioner, a businessman holding an arms license, challenged the revocation of his license by the licensing authority. The District Magistrate, Daman, revoked the petitioner's arms license on 8 October 2018 under Section 17(3)(b) of the Arms Act, 1959, based on a report from the Sub-Divisional Officer. The revocation was on the ground that offences had been registered against the petitioner's father and brother under the Indian Penal Code, 1860 and the Official Secret Act, 1923, and it was in the interest of public to cancel the license. The petitioner was directed to deposit his firearm at the police station, which he did. An appeal to the Administrator of the Union Territory of Daman and Diu confirmed the revocation. In the writ petition, the Collector filed an affidavit revealing that the petitioner himself had been an accused in three FIRs: FIR No.183/2003 under Sections 143, 147, 148, 149, 323, 506, 427 IPC; FIR No.64/2009 under Sections 143, 147, 148, 149, 323, 427 IPC and Section 25 of the Arms Act; and FIR No.61/2010 under Sections 143, 147, 148, 149, 341, 325, 356, 506(2) IPC. The affidavit also stated that the arms licenses of the petitioner's father and brother were cancelled and that they were involved in criminal cases including FIR No.104/18 under Sections 386, 120B read with 34 IPC and FIR No.106/18 under Sections 468, 471 IPC and Section 6(1)(c)(e) of the Official Secret Act. The core issue was whether the revocation of the petitioner's arms license under Section 17(3)(b) of the Arms Act, 1959 was justified, considering it was premised on offences registered against his family members, and whether the licensing and appellate authorities had applied their mind to the requirements of the law. The respondent argued that given the past criminal records of the petitioner and his family, the satisfaction of the District Magistrate that cancellation was necessary in public interest was not arbitrary and did not warrant interference. The High Court noted that under Section 17(3)(b), a licensing authority may revoke a license if it deems it necessary for the security of public peace or for public safety. The authority must record satisfaction that revocation is necessary for those purposes. In this case, the District Magistrate simply accepted the report of the Sub-Divisional Officer without disclosing its contents and proceeded to cancel the license solely because offences had been registered against the petitioner's father and brother. There was no material on record to establish any necessary connection between the petitioner and those offences. The mere fact that family members had been charged with crimes was, by itself, insufficient to revoke the petitioner's license under Section 17(3). Moreover, the last offence registered against the petitioner himself was in 2010, and his license had been renewed from time to time thereafter, indicating that the licensing authorities had not previously considered him a threat. The court found that neither the District Magistrate nor the Appellate Authority had taken into consideration the provisions of Section 17 of the Arms Act, 1959 at all. Their orders gave the impression of having been passed in a mechanical manner, without fairly considering the facts of the case. The offences registered against the petitioner were disclosed for the first time in the Collector's affidavit before the High Court, but the original orders did not refer to or deal with them. The High Court held that the revocation was unjustified, quashed the orders of the District Magistrate and the Administrator, and allowed the petition, making the rule absolute. The judgment emphasized that the licensing authority must base its decision on material demonstrating a threat to public peace or safety specific to the licensee, not on the conduct of third parties without a nexus.

Headnote

Issue of Consideration

Final Decision

Petition allowed; orders of District Magistrate and Administrator quashed and set aside; rule made absolute.

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