Gautam Rai Rally vs The State Of Madhya Pradesh on 5 August, 2026

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    The instant petition under Article 226 of the Constitution of India has been
    preferred assailing the order dated 16.12.2025 passed by the Collector/District
    Magistrate, Gwalior, whereby the firearm licence bearing No.638/2021 of the
    petitioner was suspended till the decision of the criminal case registered against
    him.

    2. Learned counsel appearing for the petitioner submits that the impugned
    order has been passed in complete disregard of the provisions contained under

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    Section 17(3) of the Arms Act, 1959. It is submitted that the licensing authority is
    empowered to suspend an arms licence only when any of the contingencies
    mentioned under the said provision exist. According to learned counsel, the only
    ground which could have been invoked in the present case is Section 17(3)(b) of
    the Arms Act, 1959, i.e. such suspension is necessary for the security of public
    peace or for public safety.



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