Smt. Afshan Ansari vs State Of U.P. And 3 Others
2021 Latest Caselaw 10034 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- WRIT - C No. - 19092 of 2021
 
Petitioner :- Smt. Afshan Ansari
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Upendra Upadhyay
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Ajay Bhanot,J.

Heard Sri Upendra Upadhyay, learned counsel for the petitioner and learned Standing Counsel for the State respondents.

By the impugned order dated 23.07.2021 the arms license of the petitioner has been suspended during the pendency of the enquiry into its cancellation.

Sri Upendra Upadhyay, learned counsel for the petitioner contends that the impugned order is in the teeth of law laid down in Full Bench judgment of this Court in Chhanga Prasad Sahu Vs State of U.P. and others reported at 1986 CRI.L.J. 817. The Full Bench in Chhanga Prasad Sahu (supra) held thus:

"In the result, we are of opinion that having regard to the scheme and purpose of the provisions contained in Sections 17 and 18 of the Act and the nature of the enquiry that a licensing authority is to make before directing revocation/suspension of an arms licence, it has no power to suspend the arms licence pending enquiry into its cancellation/suspension. The first question referred to us is accordingly answered in the negative. In view of our answer to the first question, the controversy sought to be resolved by the second question does not arise for consideration and it is not necessary to answer the same."

The impugned order dated 23.07.2021 is clearly in the teeth of the law laid down in Chhanga Prasad Sahu (supra).

The impugned order dated 23.07.2021 is liable to be set aside and is set aside.

However, it is clarified that this order shall not in any manner influence the cancellation proceedings which are underway against the petitioner.

The aforesaid proceedings shall be decided in accordance with law upon independent application of mind and after giving an opportunity of hearing to the petitioner.

The writ petition is allowed.

Order Date :- 10.8.2021

Pravin