The Allahabad High Court has overturned a district magistrate’s order cancelling the firearm licence of a Ghazipur resident, holding that the authority failed to record any finding of a violation under Rule 32 of the Arms Act.
Justice Kunal Ravi Singh, while allowing a petition filed by Yogendra Kumar, said the cancellation order and subsequent seizure of the petitioner’s revolver could not stand in law because the “essential ingredients” required under Rule 32 were not established.
Rule 32 mandates that before cancelling a firearm licence, the competent authority must determine whether the licensee violated any condition—such as failing to carry the weapon in a holster or discharging it in a public place.
The court noted that the district magistrate’s order contained no such finding.
“The District Magistrate has not given any finding with regard to any of the conditions enumerated under Rule 32. It is specifically required under Rule 32 that either the weapon being carried in a holster or any equipment manufactured, designed to carry the same as required was not done so or if the weapon was discharged in any public place,” the court observed.
“There is no finding with regard to the essential ingredients of Rule 32, violation of which would allow the authority to pass an order for cancellation and seizure. As a result of this, the entire order is liable to be set aside,” the judge said in the order dated November 19.
Yogendra Kumar was issued a revolver licence on July 16, 2005. On September 22, 2020, the District Magistrate, Ghazipur, suspended the licence and directed him to deposit his weapon. Kumar denied the allegations in his reply, but his firearm was seized by the local SHO on August 17, 2020.
His appeal before the Commissioner, Varanasi, was dismissed, prompting him to approach the High Court.
Finding the authorities’ actions unsupported by the statutory requirements, the High Court allowed his petition and set aside the cancellation and seizure orders.
