1. MALIK MUHAMMAD -QAYYUM, J:- The petitioner was granted and an arm licence by the Federal Government on 23rd November, 1989 for 7.62 M.M. Bore Automatic Rifle. On 22nd August, 1990 by notification No. 870/ (1)90 the Federal Government in the exercise of power conferred upon it under Section 12(1) of the Pakistan Arms Ordinance 1965 (W.P.Ordinance XX of 1965) cancelled all ;hc Licences granted under the Ordinance in respect of prohibited bore and automatic weapons after the lst of December, 1988 other than those granted to the Members of Parliament or the Provincial Assemblies, Chairman of District Councils or Municipal Corporations or officers or employees of Government. On 15th August, 1990 a directive was issued by the Home Secretary Government of Punjab to all the District Magistrates in Punjab expressing the concern of Government over possession of sofisticaled weapon by the general public which was likely to adversely effected the peace and tranquillity and suggesting that all kinds of prohibited bore weapons except these issued to certain class or people be directed to be deposited with the police stations by 24th August, 199(1, by issuing an order under section 144 of the Cr.P.C. The notification issuedby the Federal Government and also this directive of the Provincial Government has been challenged by the petitioner as being without lawful authority on the various grounds enumerated therein.
2. It is not necessary to deal with all the contentions raisd by the learned counsel for petitioner, for, the impugned orders arc liable to be struck down for the reason that before cancelling the licence of the petitioner no opportunity of being heard was granted by the respondents to the petitioner. By virtue of the licence issued to him the petitioner has the acquired a vested right to hold the licensed arms and ammunition of which he could not be deprived except in accordance with law and the terms of licence.
2. In Superintendent of Police. Special Branch. Karachi and others vs. Abubakar and another (1972 S.C.M.R. 1541 it was observed that:- .
3. "Different considerations apply to the grant of a privilege and the withdrawal of the same after it has been granted. The grantee acquires a right to the enjoyment of the privilege in accordance with and subject to the terms and conditions of the grant and this right cannot be taken away during the term of the grant save for a cause. Hence the necessity for giving the grantee a notice to show cause and an opportunity of being heard m order to prevent an arbitrary or capricious withdrawal of the privilege. The grantee has a right to insist that the withdrawal even of a privilege is made in accordance with law."Similarly in Government of Pakistan, through Secretary. Ministry of Commerce and another vs. Zamir Ahmad Khan (P.L.D. 1975 S.C. 667) it was observed that:- "Therc is a clear distinction between refusal to grant licence and to cancel'licencc already granted.
4. In the latter case, legal rights are often created because of the incident of the grant as a sequel to the licence."
5. Section 12 of the Arms Ordinance 1965 which empowers the Federal Government to cancel the licence granted by it provides as under:- "Cancellation and suspension of licenccs.-(1) Any licence may be cancelled or suspended-
(a) by the officer by whom the same was granted or by any authority to which he may be subordinate, or any District Magistrate within the local limits of whose jurisdiction the holder of such licence may be, when, for reasons to be recorded in writing, and after giving the holder of the licence an opportunity of showing cause against the proposed cancellation or suspension, such officer, authority of Magistrate deems it necessary for the security of the public peace to cancel or suspend such licence; or
(b) by any Judge or Magistrate before whom the holder of such licence is convicted of an offence against this Ordinance or against the rules and Government may, by a notification in the official Gazette,cancel or suspend all or any licences throughout the Province or any part thereof.
(2) An appeal against an order of cancellation or suspension under clause (a) of subsection (1) may by made by the person whose licence has been cancelled or suspended to the immediate official superior to the authority making the order, within sixty days of the receipt by him of a copy of the order where appeal lies to Government, and where appeal lies to any other authority, within thirty days of the receipt by him of a copy of the order."
6. From a bare reading of this provision it is apparent that the pre-condition for exercise of power of cancellation is the grant of an opportunity to the licencee of being heard. The requirement as to notice is statutory in nature and cannot be dispensed with and any action taken in violation thereof must fall. See Atta Muhammad Ourcshi v. The Settlement Commissioner. Lahore Division. Lahore and 2 others (PLD 1971 S.C.61). Admittedly, in the present case no notice or opportunity of being heard was granted to the petitioner and as such the cancellation of the licence by the Federal Government is without lawful authority.
7. As a result of what has been stated above this, petition is accepted and the notification dated 22nd August, 1990 of the Federal Government is declared to be without lawful authority and of no legal effect. No order as to costs.