A division bench of Justices N H Patil and P D Naik gave the direction while hearing a petition filed by Shiv Sena leader Ajay Bhosale from Pune, challenging a February 2011 order of revocation of his arms licence passed by the Pune Police Commissioner.
The license was revoked on the ground that there were several criminal cases filed against Bhosale in 1991.
Bhosale's lawyer S B Shetye argued that under section 17(B) of the Arms Act, license can be revoked only if the licensing authority deems it necessary for the security of public peace or for public safety.
Agreeing to this, the high court on July 15 observed that mere registration of criminal case cannot be a ground to revoke the license, and that the revocation order should clearly indicate that continuance of the license would be against public peace, safety and security.
"The provisions of the Arms Act indicate that license can be cancelled or suspended if the licensing authority finds it necessary for the security of public peace or public safety. Merely because a criminal case is pending, the provisions of section 17 of the Arms Act would not be attracted," the court observed.
The bench, while quashing the license revocation order, directed Pune Commissioner of Police to consider the application for renewal of license afresh and complete the process within two months.