ANIRUDH SINGH KATOCH Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge raised in this appeal is to the judgment and order of the learned Single Judge dated 1st August, 2003 dismissing the writ petition filed by the appellant.

(2.) The background facts are as follows. The appellant, who is a citizen of India, had gone to the United States of America (USA) in the pursuit of higher studies in the year 1984. After finishing his studies, the appellant took up a job in the USA with a Medical Instrumentation Firm and since then has resided in the USA as a non-resident Indian. On account of the ill health of his wife, however, the appellant decided to return to India for good. Being an enthusiast of shooting sports, he applied for and obtained the following three gun licenses in India under the Arms Act, 1959:

(3.) The appellant had also obtained requisite licenses from the United States of America for acquiring and possessing the three firearms possessed by him. When he decided to transfer his residence to India, he consulted the Indian Consulate in San Francisco, USA regarding the firearms in question and was told that he could take the arms back to India as 'Baggage', subject to the condition that he has valid arms licenses from the Indian Government. The appellant having already obtained valid licenses from the Indian Government brought with himself the three licensed firearms mentioned hereinabove.