ISHAWABAPPA Vs. DISTRICT MAGISTRATE BIJAPUR

JUDGEMENT

(1.) The petitioner has in this writ petition chalienged the order of the Dist Magistrate, Bijapur, the licensing authority, dt. 1-10-1975 Ext.A and the subsequent order dt,25-10-1975 Ext.B filed along with IA.No.I.

(2.) The undisputed facts of the case are as follows: The petitioner's father held a licence under the Arms Act, 1959 which entitled him to possess a revolver bearing No.64196. The petitioner's father died on 22nd Novr, 1972 on which date the licence granted to him was in force. After his death, his son the petitioner deposited the revolver with the concerned police authorities on the 20th Deer 1972. Thereafter, the petitioner made an application on the 8th Octr, 1973 to the Dist Magistrate, Bijapur and prayed that the revolver may be handed over to his uncle the second respondent as the same has been transferred in his favour. The request of the petitioner was turned' down by the Dist Magistrate by his order dated. 1-10-1975 Ext.A. The Dist Magistrate has taken the view that as the petititioner did not become eligible to receive the firearm under the Arms Act and Rules within a period of one year from the date of deposit he has forefeited his right. He also took the view that respondent 2 was also not, eligible to receive the firearm within the period of one year from the date, of deposit. The Dist Magistrate refused the prayer of the petitioner and directed that the firearm be deposited in the police armoury. Thereafter, he made a, final order on the 25th Octr, 1975 forfeiting the firearm under sub-sees(3) and (5) of Section 21 of the Indian Arms Act.

(3.) Sri S.Vijaya Shankar, learned Counsel for the petitioner, contended that the Dist Magistrate committed an obvious error of law in refusing the permission sought for by the petitioner and in forfeiting the firearm in question, solely on the ground that neither the petitioner nor his uncle, the second respondent, had become entitled to receive the firearm, in question by obtaining an appropriate licence to hold such firearm within period, of one year from the date of deposit.