AIR 1956 CALCUTTA 543

Calcutta High Court

Hon'ble Judge(s): Satya Brata Sinha , J

Arms Act (11 of 1878) , S.18— Cancellation of licence for fire-arms - Grounds - Licensee failing to render help at time of dacoity - Whether valid ground for cancellation. Under S. 18, Arms Act, the officer or the authority cancelling the licence must have reasons which he deemed necessary for the security of public peace to cancel the licence. One might have strong views on the question of a person holding a licence for a Gun, being of a cowardly temperament, but that has got nothing to do with the cancellation of the licence for the security of public peace. What S. 18 means by these words is that the officer or the authority must consider that the person who holds the licence was likely to use the fire-arm in a way, which would endanger the security of public peace. This result cannot be achieved in a roundabout manner by considering that if the man was brave or courageous, and used his fire-arms, it might have assisted in keeping the public peace. That is an irrelevant consideration. 1956 Cal 96 ((S) AIR V 43) and 1955 Cal 599 (AIR V 42), Ref.(Para 7) Consequently, an order cancelling the licence of the petitioner merely on the ground that he did not make any attempt to resist the dacoits who had raided the house of a villager in the locality even though he was asked to give assistance, is without jurisdiction and void. ....