AIR 1969 ASSAM AND NAGALAND 50

Assam And Nagaland High Court

Hon'ble Judge(s): S. K. Dutta , C.J. AND P. K. Goswami, K. C. Sen , JJ

(A) Arms Act (54 of 1959) , S.17(3)— Cancellation of licence - Licensing authority need not give hearing before cancellation - Its mere subjective opinion about necessity of cancellation is sufficient - It does not act judicially - Approach to doctrine of judicial or quasi-judicial acts - Principles stated. AIR 1967 Mys 238 and AIR 1966 All 265, Dissented from. Constitution of India , Art.226— According to the provisions in Section 17 of the new Arms Act of 1959, the licensing authority may cancel a licence if it is "satisfied" about the unfitness of a person or "deems" cancellation necessary for securing public peace or public safety. The unfitness of the licence-holder or the necessity of cancelling the licence for the security of the public peace or public safety need not actually exist. The satisfaction or opinion of the licensing authority that the licence-holder is unfit or the necessity does exist, is sufficient to enable him to cancel the licence. Where the licensing authority is of the opinion that a person is unfit to hold the licence, it is his subjective opinion. In forming it the licensing authority does not act judicially. But as the consequence of such an opinion may be serious, an appeal is provided against the order of cancellation of a licence. In that view of the matter the licensing authority may not give a hearing before c....