Arms license issued by District Magistrate of one district can be cancelled by DM of another district: Gauhati HC

Read Judgment: Lokam Nai vs. State of A.P and Others

Pankaj Bajpai 

Guwahati, November 26, 2021: The Gauhati High Court has held that there is nothing in the provisions of the Arms Act and the Arms Rules, which may restrict the power of revocation or suspension in the same authority who has granted the arm license. 

The Bench of Justice Robin Phukan therefore observed that being the ‘licensing authority’, u/s 17 of the Arms Act, District Magistrate of one district can cancel/suspend license issued by District Magistrate of another district. 

The background of the case was that Lokam Nai (Petitioner) had purchased a point 32 pistol under the Arms license issued by the Additional District Magistrate, for his personal safety as he is a contractor and businessman by profession. Later, the District Magistrate, Koloriang Kurung Kumey District issued an order directing all the arms license holders’ within Kurung Kumey District of Arunachal Pradesh to deposit their arms within their jurisdictional Police Stations of Koloriang, Nyapin and Sangram, on account of panchayat election, 2020. 

When the petitioner proceeded to Koloriang to cast his vote in the panchayat election, 2020 at his native place i.e. Damin Circle, with his point 32 pistol, he was apprehended by the Officer-in-Charge of Koloriang Police Station and was asked to deposit the arms and ammunition in view of the order issued by the District Magistrate of Koloriang. Accordingly, he deposited the arms and ammunition and requested to return the same after completion of the election process.

But, after his return to Kolorian from Damin, after casting his vote, when the Petitioner asked the Officer-in-Charge to return the arm, he was denied the same. Instead, the Officer-in-Charge registered a case u/s 25 (1B) (h) of Arms Act, 1959. Accordingly, a prosecution sanction was obtained u/s 39 of the Arms Act and a Charge-Sheet was laid before the Judicial Magistrate, Koloriang. 

After considering the arguments and the precedents, the High Court concluded that the District Magistrate, Koloriang, though not issued the arms license to the petitioner, yet, he has the power/authority to suspend or cancel the arms license issued by the Addl. District Magistrate of Yachuli, Lower Subansiri District.

Justice Phukan observed that a cursory perusal of the FIR disclosed a prima-facie case against the accused u/s 25 (1B) (h) Arms Act, and as such it could not be said that it was an abuse of the process of the court. 

Hence, the Single Judge dismissed the petition.