Page No.# 1/3 GAHC010131982026 2026:GAU-AS:9241- DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/217/2026 ABDUL SALAM SHAH SON OF LATE MOMIRUDDIN SHAH, RESIDENT OF VILLAGE- BAROBAGJHAPA, P.O.- HAZARIHAT, DISTRICT- SOUTH SALMARA MANKACHAR, ASSAM. PIN- 783128 VERSUS THE STATE OF ASSAM AND 4 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HOME AND POLITICAL DEPARTMENT, DISPUR, GUWAHATI, PIN-781006. 2:THE DIRECTOR GENERAL OF POLICE ASSAM ASSAM POLICE HEADQUARTERS ULUBARI GUWAHATI- 781007. 3:THE DISTRICT MAGISTRATE SOUTH SALMARA-MANKACHAR HATSINGIMARI ASSAM PIN- 783135. 4:SENIOR SUPERINTENDENT OF POLICE DSB SOUTH-SALMARA MANKACHAR ASSAM PIN- 783135. 5:OFFICER IN CHARGE SUKCHAR POLICE STATION HATSINGIMARI Page No.# 2/3 SOUTH SALMARA-MANKACHAR PIN-783135 For the appellant/petitioner(s) : Mr. K. N. Choudhury, Sr. Advocate Mr. N. Gautam, Advocate For the Respondent(s) : Mr. R.K. Borah, Sr. GA, Assam –B E F O R E – HON’BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON’BLE MR. JUSTICE ARUN DEV CHOUDHURY 25.06.2026 (Ashutosh Kumar, CJ) We have heard Mr. K. N. Choudhury, learned senior counsel for the appellant and Mr. R.K. Borah, learned senior Government Advocate, Assam, for the respondents. The present appeal has been filed by the appellant being aggrieved by the order dated 22.06.2026 passed by a learned Single of this Court in WP(C) No. 3273/2026, refusing to stay the operation of the order dated 10.06.2026, passed by the respondent No. 3 herein, directing the appellant to surrender his firearm on account of non-renewal of his arms license. It is submitted at the Bar that the impugned order passed by the authority refusing to renew the appellant’s arms license, is based on grounds which are only available to be invoked by a licensing authority for revoking or cancelling or modifying an order granting arms license. So far as renewal of arms license is concerned, the relevant provision under the Arms Act, 1959 is Section 15, and not Section 17 of the Act. However, during the course of the arguments, Mr. Choudhury, Page No.# 3/3 learned senior counsel, on instructions has submitted that pursuant to the order passed by the authority refusing to renew the arms license and directing the appellant to surrender his firearm, the weapon against the license has already been surrendered on 15.02.2026. In that view of the matter, there is nothing left in this appeal for adjudication, as the issue regarding non-renewal of the license of the appellant is still pending consideration before the learned Single Judge. It has been further submitted by Mr. Choudhury today that in the absence of any firearms with the appellant, he would approach the authority concerned with a request for personal security, on deposit of requisite cost in accordance with the rules. The appellant would be entitled to make such prayer before the learned Single Judge when the matter is listed. With the afore-noted observations, the appeal stands disposed off. JUDGE CHIEF JUSTICE Comparing Assistant