Gun License Can't Be Cancelled Without Proving Rule 32 Violation Under Arms Rules, 2016: Allahabad High Court

The Allahabad High Court has held that as per Rule 32 of the Arms Rules 2016, it is essential that the adjudicating authority decides whether a violation of the relevant rules took place, prior to cancelling a firearm license.“From the reading of Rule 32, it is clear that before a licence can be cancelled under Rule 32, it is necessary that the authority forms an opinion as to whether any licensed fire arm was either not carried in the proper protective gear or was brandished, discharged or whether any blank firing took place in any public place or fire arm free zone. Such considerations and opinions are sine qua non for invocation of Rule 32 under the Rules, 2016,” held Justice Kunal Ravi Singh. The petitioner was granted a revolver licence on 16.07.2005. However, by notice dated 22.09.2020, the DM, Ghazipur suspended the said license, directing the petitioner to deposit his firearm. The petitioner replied, denying the allegations, but on 17.08.2020, the weapon was taken into possession by the SHO, Ghazipur. Thereafter, the petitioner preferred an appeal before the Commissioner, Varanasi, which was also rejected. Aggrieved, he approached the High Court. The Court perused the Arms Rules, 2016. Upon an examination of Rule 32, it held that no person may carry a firearm in public without a holster or the right equipment. It was further held that there was a bar on brandishing or blank firing such a weapon in public. The Court held that an essential condition for cancelling a license under R. 32 was that the adjudicating authority had to determine whether the aforesaid conditions had been violated before cancelling the license. In the present case, it found that the authority had taken no such measure. “In the impugned order, such finding is clearly missing and as such, on this ground alone impugned order is liable to be quashed. Without clearly specifying as to which of the sub-rules under Rule 32 is being violated by the petitioner, the petitioner cannot be fastened upon the liability of cancellation of his licence and seizure of his weapon,” held the Court. Accordingly, the orders were set aside and the writ petition was allowed.Case Title: Yogendra Prasad v. State of U.P. And 4 Ors. [WRIT - C No. - 21944 of 2022]Click Here To Read/Download Order

Gun License Can't Be Cancelled Without Proving Rule 32 Violation Under Arms Rules, 2016: Allahabad High Court

Upasna Agrawal

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