LAWS(ALL)-2010-12-65

PAWAN KUMAR JHA Vs. STATE OF U P

Decided On December 03, 2010
PAWAN KUMAR JHA Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) Sri B.M. Meena, who was D.M. Allahabad in the year 1996, passed an order on 27.10.1996 refusing to grant fire-arm licence to the Petitioner. In the order, it is mentioned that police has not given any positive report for grant of licence. Copy of police report is Annexure-IV to the writ petition. Concerned authority of the police recommended for grant of licence. Against the said order, Petitioner filed appeal being Appeal No. 407 of 1997. Sri V.K. Sharma, Commissioner, Allahabad Division, Allahabad dismissed the appeal on the same grounds. Under no circumstances, the said orders can be sustained.

(2.) Sometimes the Court gets an impression that the executive authorities are granting fire-arm licences only on irrelevant recommendations, considerations and connections. In such scenario genuine licence seeker becomes a casualty and that whenever the authorities want to grant fire-arm licence, they grant without any rhyme or reason and similarly whenever they want to reject application for grant of fire-arm licence they do it without any rhyme or reason.

(3.) There was absolutely nothing against the Petitioner still grant of fire-arm licence was denied. It is shocking. The police authorities and the authorities who are responsible to consider the application for grant of firearm licence do not realise that criminals do not require any fire-arm licence for committing crime as they can very well use unlicensed fire-arm. These are only respectable and peaceful persons who require licence. Moreover unnecessary rejection of applications for grant of fire-arm licence breeds a tendency to keep unlicensed arms, a greater evil.