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PRADEEP KUMAR SAXENA versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Pradeep Kumar Saxena v. State Of U.P. & Others - WRIT - C No. 10233 of 2006 [2006] RD-AH 3955 (20 February 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 52

Civil Misc. Writ Petition No. 10233 0f 2006  

Pradeep Kumar Saxena

vs.

State of U.P. and others

Hon'ble V. K. Shukla, J.

Petitioner had applied for grant of fire arm licence. On the said application being moved, each and every authority made recommendation in favour of petitioner for grant of fire arm licence. As no action was being taken, petitioner preferred writ petition No.42495 of 2005, Pradeep Kumar Saxena vs. State of U.P. and others, whereupon, this Court had asked the authority concerned to take final decision on the application moved on behalf of petitioner. Thereafter, Licensing Authority passed  impugned order rejecting the application on the  ground that petitioner had not disclosed that there was any immediate apprehension towards his life.

Learned counsel for the petitioner contended that petitioner is an Advocate,  politician and National President of Jan Samarthan Party, and for his personal safety and security, he genuinely required the fire arm, and that is why   recommendation has been made in his favour from every corner after considering the requirement.

Learned Standing Counsel, on the other hand, contended that valid reasons have been assigned as such no interference be made.

After respective arguments have been advanced, the relevant provisions as contained under Sections 3, 13 and 14 of the Indian Arms Act are to be looked into, which are being quoted below:-

3. license for acquisition and possession of firearms and ammunition:-(1) No person shall acquire, have in his possession, or carry any firearm or ammunition unless he holds in this behalf a license issued in accordance with the provisions of this Act and the rules made thereunder;

       Provided that a person may, without himself holding a license, carry any firearm or ammunition in the presence, or under the written authority, of the holder of the license for repair or for renewal of the license or for use by such holder.

(2)     Notwithstanding anything contained in sub-section (1), no person, other than a person referred to in sub-section (3), shall acquire, have in his possession or carry, at any time, more than three firearms:

          Provided that a person who has in his possession more firearms than three  at the commencement of the Arms (Amendment) Act, 1983, may retain with him any three of such firearms and shall deposit, within ninity days from such  commencement, the remaining firearms with the officer in charge of the nearest police station or, subject to the conditions prescribed for the purposes of sub-section (1) of section 21, with a licensed dealer or, where such person is a member of the armed forces of the Union, in a unit armoury referred to in that sub-section.

(3)       Nothing contained in sub-section (2) shall apply to any dealer in firearms or to any member of a rifle club or rifle association licensed or recognized by the Central Government using a point 22 bore rifle or an air rifle for target practice.

(4)      The provisions of sub-sections (2) to (6) (both inclusive ) of section 21 shall apply in relation to any deposit of firearms under the proviso to sub-section (2) as they apply in relation to the deposit of any arm or ammunition under sub-section (1) of that section.

13. Grant of Licences (1)  An application for the grant of a license under Chapter II shall be made to the licensing authority and shall be in such form, contain such particulars and be accompanied by such fee, if any, as may be prescribed.

(2) On receipt of an application, the licensing authority shall call for the report of the officer in charge of the nearest police station on that application, and such officer shall send his report within the prescribed time.

(2-A) The licensing authority, after such inquiry, if any, as it may, consider necessary, and after considering the report received under sub-section (2), shall, subject to the other provisions of this Chapter, by order in writing either grant the license or refuse to grant the same:

Provided that where the officer in charge of the nearest police station does not send his report on the application within the prescribed time, the licensing authority may, if it seems fit, make such order, after the expiry of the prescribed time, without further waiting  for that report.

(3) The licensing authority shall grant:-

(a) a license under Section 3 where the license is required_

(i) by a citizen of India in respect of a smooth bore gun having a barrel of not less than twenty inches in length to be used for protection or sport or in respect  of a muzzle a loading gun to be used for bona fide crop protection:

Provided that where having regard to the circumstances of any case, the licensing authority is satisfied that a muzzle loading gun will not be sufficient for crop protection, the licensing authority may grant a license in respect of any other smooth bore gun as aforesaid for such protection , or.

(ii) in respect of a point 22 bore rifle or an air rifle to be used  for target practice by a member of a rifle club or rifle association licensed or recognized  by the Central Government.

(b) a license under section 3 in any other case or a license under section 4, section 5, section 6, section 10 or section 12, if the licensing authority is satisfied that the person by whom the license is required has a good reason for obtaining the same.

14 Refusal of Licences (1) Notwithstanding anything in section 13, the licensing authority shall refuse to grant.

(a) a license under section 3, section 4, or section 5 where such license is  required in respect of any prohibited arms or prohibited ammunition:

(b) a license in any other case under Chapter II:-

(i) where such license is required by a person whom the licensing authority has reason to believe.

(1) to be prohibited by this Act or by any other law for the time being in force from acquiring, having in his possession or carrying any arms or ammunition, or

(2) to be of unsound mind, or

(3) to be for any reason unfit for a license under this Act; or

(ii) where the licensing authority deems it necessary for the security of the public peace or for public safety to refuse to grant such license.

(2) The licensing authority shall not refuse to grant any license  to any person merely on the ground that such person does not own or possess sufficient property.

(3) Where the licensing authority refuses to grant a license to any person it shall record in writing the reasons for such refusal and furnish to that person on demand a brief statement of the same unless in any case the licensing authority is of the opinion that it will not be in the public interest to furnish such statement.

A perusal of the aforesaid provisions makes it clear that ground for refusal of fire arm licence is specifically provided under Section 14 of the Indian Arms Act, and none of the grounds on which fire arm licence has been refused to the petitioner find place under Section 14 of the said Act. Apart from this, petitioner has made specific averments that he is an Advocate,  politician and National President of Jan Samarthan Party, and for his personal safety and security, he genuinely required the fire arm, as such impugned order is unsustainable.

Consequently, writ petition succeeds and is allowed. The impugned order dated 28.11.2005 is hereby quashed and set aside. the Licensing authority is directed to pass fresh order on the application of the petitioner, in accordance with law within two months from the date of receipt of a certified copy of this order.

20.02.2006

SRY  


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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