Topic Details
Topics Headnote Judgement
ARMS ACT, 1959 PDF
ARMS ACT, 1959 Arms Act — S13, 14, 15, 16 & 17 — Scope of — once a licence is granted — the same shall be renewed from time to time — unless there exist a ground of refusal as enumerated under Section 14 of the Act. (Para 12) PDF
ARMS ACT, 1959 Arms Act — S 13, 14 & 17 — Arms licence —Order of Cancellation/Suspension of — Duty of Licensing Authority — Subjective Satisfaction — of the authority plays a vital role while assessing merits of a case — before passing orders under the provisions of Section 13, 14 or 17(b) — the licensing authority ought to consider the entire material — threat perception of the licencee and pass appropriate orders. (Para 14) PDF
ARMS ACT, 1959 Arms Act — S 17 — Ambit of — Arms licence — Cancellation/Suspension of — can be cancelled or suspended if the licensing authority finds it necessary for the security of public peace or public safety. (Para 12) PDF
ARMS ACT, 1959 Arms Act — S 17 — Invoking of — Pendency of Criminal cases — Arms licence — Cancellation/Suspension of — Held, merely because a criminal case is pending, the provisions of Section 17 would not be attracted. (Para 12) PDF
ARMS ACT, 1959 Arms Act — S 17 — Invoking of — Arms licence — Cancellation/Suspension of — Duty of the Licensing Authority — Held, the authority concerned will have to record a finding — that how & under what circumstances & in what manner possession of arms licence could be contrary to the provisions of Section 17 B of the Arms Act — Each case is required to be considered on its own merits. (Para 12) PDF
ARMS ACT, 1959 Arms Act — S 17 — Arms licence — Cancellation/Suspension of — registration of criminal cases —ground for revoking the licence — Held, mere registration of criminal case/cases could not be a ground to revoke the license — The order shall indicate clearly that continuance of licence would be against public peace, safety and security. (Para 13) PDF
ARMS ACT, 1959 Arms Act — S17(3) — Revocation of arms licence — Reliance placed on cases pending against applicant —were also pending when the licence of the petitioner was renewed previously from time to time — no new material placed — since last ten years not a single criminal case was registered against the petitioner — no incidence reported of any misuse of licenced Fire Arm by the petitioner — Held, order passed in the appeal filed before the State Government is short of appropriate reasoning —Quashed. (Para 10 & 16) PDF
ARMS ACT, 1959 Arms Act — S17(3)(b) — Power of licensing authority under — After subjective satisfaction of the licensing authority — that continuation of licence endangers public peace or public safety — the Licensing authority is empowered to cancel or revoke the licence. (Para 9) PDF