GURVINDER SINGH Vs. DISTRICT MAGISTRATE, UDHAM SINGH NAGAR

JUDGEMENT

(1.) PRESENT writ petition is filed assailing the order dated 04.04.2015 passed by District Magistrate, Udham Singh Nagar as well as order dated 29.05.2015 passed by Divisional Commissioner, Kumaon, Nainital whereby application moved by the petitioner under Section 13 of the Arms Act, 1962 seeking arms licence for revolver/pistol was dismissed by the District Magistrate on the ground that petitioner has absolutely no danger to his life, as reported by police and appeal arising therefrom was dismissed by the Divisional Commissioner, Kumaon, Nainital. Brief facts of the present case, inter alia, are that petitioner has applied for arms licence on the prescribed form under Section 13 of the Arms Act seeking arms licence for Non -Prohibited Bore revolver/pistol on 08.01.2015; learned District Magistrate was pleased to call reports from the Revenue Authorities as well as from the police; Deputy Collector, Sitarganj, vide report dated 17.01.2015 was pleased to forward the reports of Lekhpal, Kanoongo, Naib Tehsildar and Tehsildar whereby it was reported that petitioner is an agriculturalist by profession and he has agricultural land in District Pilibhit as well as in Sitarganj, District -Udham Singh Nagar, therefore, for his security, licence may be granted in his favour; when no decision was taken on the application of the petitioner, petitioner was compelled to file WPMS No. 352 of 2015 before this Court, which was disposed of vide order dated 04.02.2015 directing the District Magistrate to decide the application of the petitioner seeking arms licence within 8 weeks from the date of production of certified copy of the order.

(2.) HAVING perused the order dated 04.02.2015 passed by this Court, on 04.04.2015 learned District Magistrate, Udham Singh Nagar was pleased to decline the request of the petitioner on the ground that as per report of the police, petitioner has absolutely no danger to his life. Feeling aggrieved, petitioner has filed statutory appeal before the Divisional Commissioner, under Section 18 of the Arms Act, which too was dismissed by the Divisional Commissioner vide order dated 29.05.2015. Feeling aggrieved, petitioner has filed present writ petition.

(3.) BARE perusal of Section 3 of the Act would demonstrate that no person shall acquire, have in his possession, or carry any firearms or ammunition, unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made thereunder, however, such person may, without himself holding a licence, carry any firearms or ammunition in the presence, or under the written authority, of the holder of the licence for repair or for renewal of the licence or for use by such holder. Sub -clause (3) of Section 3 would further demonstrate that no person other than the dealer in firearms or member of a rifle club or rifle association having licence, shall acquire or have in his possession or carry on, at any time, more than three firearms. Perusal of Section 9 of the Act would demonstrate that no person, who is below twenty -one years or who has been sentenced on conviction of any offence involving violence or moral turpitude to imprisonment for any term at any time during a period of five years after the expiration of the sentence or who has been directed to furnish a bond for keeping the peace or for good behaviour, at any time during the term of the bond shall acquire or have in his possession or carry any firearm or ammunition. The bare perusal of Section 13 of the Act would demonstrate that the District Magistrate may grant firearm licence for non -prohibited firearms. Bare perusal of Section 14 of the Act would demonstrate that licencing authority shall refuse to grant licence in respect of prohibited ammunitions or arms, however, licencing authority may also refuse to grant licence for non -prohibited weapon if the licencing authority has reason to believe that acquiring, having in possession or carrying any arms or ammunition is prohibited. Licencing authority may also refuse to grant licence in favour of the person who is of unsound mind or who is found to be unfit for a licence under this Act or licencing authority deems it necessary for the security of the public peace or for public safety to refuse grant of such licence.