SAJI KURIACHAN Vs. DISTRICT COLLECTOR EMAKULAM

JUDGEMENT

(1.) Petitioner in W.P.(C) No.9933/2009 was granted licence to hold one 12 bore SBBL Gun No.P 8437 and revolver No.0651 00080. The petitioner in W.P.(C) No.10598/2009 has been granted licence to hold one 12 bore SBBL Gun No.M/4 - 4635 and one SBML Gun No.5071.

(2.) They approached this Court complaining that during the second week of March, 2009, the Sub Inspector of Police, within whose jurisdiction they reside, directed them to deposit their weapons in the police station and accordingly, they deposited the weapons. In these writ petitions, the contention raised is that there is no provision either in the Arms Act or Rules, enabling the third respondent or the licencing authority to require deposit of the licenced weapons either as a temporary or permanent measure, during the subsistence of the licence issued. It is on this basis, prayer is sought, requiring the respondents to return the weapons deposited by them.

(3.) Although the petitioners were directed to deposit the weapons on account of the Election to the Parliament which was announced on 02-03-2009 and the weapons deposited were returned to them, the writ petitions were retained and considered on account of the fact that the grievance raised is of a recurring nature.