In a significant ruling reinforcing safeguards under the Arms Act, the Orissa High Court has quashed the cancellation of a businessman’s arms licence. The court held that authorities cannot refuse renewal solely due to a pending criminal case without assessing its seriousness or impact on public order.
Describing such action as “manifestly unfair” and contrary to statutory provisions, Justice A K Mohapatra observed that licensing authorities do not possess unchecked or arbitrary powers when granting, suspending, or cancelling arms licences. The court clarified that decisions must be guided strictly by law, not discretion exercised at will.
Background of the Case
• The matter arose from a petition filed by Sambit Padhy, a businessman based in Khordha.
• His arms licence, issued on August 14, 2019, was valid until August 13, 2022.
• He applied for renewal on August 24, 2022, but the Additional District Magistrate rejected the request on March 28, 2023.
• The rejection relied solely on a police report citing his involvement in a 2022 case related to alleged illegal mineral possession.
• His appeal before the Revenue Divisional Commissioner, Cuttack, was dismissed on May 30, 2025, leading him to approach the High Court.
Right to Life and Purpose of Arms Licence
The court highlighted that the need to possess a firearm arises when a citizen faces a threat to life. While the State is constitutionally obligated under Article 21 to protect life and liberty, it may not always be able to provide individual security in every case.
In this context, the Arms Act, 1959 allows citizens to obtain licences for self-protection. The court emphasized that:
• Authorities must consider the nature and seriousness of allegations before taking action.
• They are legally bound to grant licences in genuine cases.
• Decisions must align with constitutional protections and statutory provisions.
No Scope for Arbitrary Decisions
Interpreting the provisions of the Arms Act, particularly Sections 13, 15, and 17, the court clarified:
• Renewal of a valid licence is a limited but enforceable right unless valid reasons are recorded.
• Cancellation or suspension is permitted only under clearly defined conditions.
• Authorities cannot deny renewal casually once a licence has been lawfully granted.
Pending FIR Not Sufficient Ground
In an important observation, the court ruled that the mere existence of a criminal case does not justify cancellation or denial of renewal. It laid down key considerations:
• Whether the licensee is directly involved in the offence
• Whether the licensed weapon was used
• Whether the conduct poses a real threat to public safety
In this case, the court noted:
• Only one case was pending against the petitioner
• There were no allegations of violence or misuse of the firearm
• The matter was still under trial with no conviction
Failure to Meet Legal Requirements
The court found that the authorities failed to satisfy the conditions under Section 17 of the Arms Act, which allows cancellation only in specific situations such as:
• Threat to public peace or safety
• Concealment of material facts
• Breach of licence conditions
• Legal disqualification
Since none of these grounds were established, the cancellation was held to be legally unsustainable.
Fresh Review Ordered
The High Court set aside both earlier orders dated March 28, 2023, and May 30, 2025, and directed:
• The petitioner to reapply within two weeks
• The competent authority to reconsider the application
• A fresh, reasoned decision to be issued within four weeks
The court stressed that the reconsideration must strictly follow the law and its observations.
Case details:
Sambit Padhy@ Padhi versus Revenue Divisional Commissioner (Central Division) Cuttack & Ors.| W.P.(C) No.18081 2025
Click HERE for full Judgment
Lawcutor 