Firearm License Cannot Be Cancelled On Mere FIR Without Mention Of Misuse Of Firearm: Allahabad High Court

The Allahabad High Corut has held that firearm license cannot be cancelled solely based on an FIR when there is no mention of misuse or discharge of firearm therein.

Relying on the earlier judgment of Allahabad High Court in Rajeev Kumar @ Monu Shukla v. State Of U.P. Thru Prin.Secy. Home And Ors., Justice Irshad Ali held

“it is crystal clear that mere on account of First Information Report where evidently the fire arm was never used and there are no allegations of misuse of fire arms, license could not have been cancelled.”

Petitioner was issued a show cause notice regarding cancellation of his firearm license on grounds of it being used in a crime. Petitioner replied stating that he had not used his firearm in crime mentioned in the show cause notice and that he was being falsely implicated. Petitioner's license was cancelled by allegedly not going into the merits of the case and ignoring the reply.

Aggrieved, petitioner approached the High Court.

In Rajeev Kumar @ Monu Shukla v. State Of U.P. Thru Prin.Secy. Home And Ors., various case laws had been relied upon to establish that mere pendency of criminal case will not lead to cancellation of firearm license. It was held that it must be shown that involvement in such criminal case will be detrimental to public peace and tranquillity.

The Court held that there was no material to substantiate the findings that the petitioner was likely to misuse the firearm and in absence of supporting material, the finding was arbitrary.

Noting that the petitioner had been acquitted in two criminal cases, the Court held that the finding that the Arms Act had been violated by the petitioner was illegal, arbitrary and not based on cogent reasons.

Accordingly, the writ petition was allowed.

Case Title: Aman Ullah v. State of U.P Thru Prin Secy Home Lko and Ors

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