SHIVMURAT SINGH Vs. STATE OF U P

JUDGEMENT

(1.) ANJANI Kumar, J. Heard learned Counsel for the petitioner and learned Standing Counsel for the contesting respondents. Since counter and rejoinder affidavits have been exchanged, therefore, this writ petition is being heard and decided.

(2.) THE petitioner applied for grant of fire-arm licence before the licensing authority, respondent No. 3 who by his order dated 26-6-2002 rejected the petitioner's application on the ground that the petitioner has not filled in Column 17 of his application form which requires to be filled in by the petitioner in any special reason for grant of fire-arm licence. Petitioner has not mentioned anything in the form except that he has apprehension against non-social elements without specifying any particular reason, which is the sole ground on which the application of the petitioner has been rejected. Aggrieved thereby petitioner preferred an appeal before the appellate authority against the order of the licensing authority who also maintained the order of the licensing authority. With regard to Column 17 appellate authority has stated that it requires mention of the nature of the threat/perception and that the police report does not mention any such thing. In these circumstances since the licensing authority does not find any necessity to grant licence for having fire arm, therefore, the decision of the licensing authority cannot be interfered with. Under the provisions of Arms Act particularly Section 14 prescribes grounds on which the licence can be refused. THE provision of Section 14 which is relevant for the purpose is reproduced below: "14. Refusal of licences.- (1) Notwithstanding anything in Section 13, the licensing authority shall refuse to grant - (a) a licence under Section 3, Section 4 or Section 5 where such licence is required in respect of any prohibited arms or prohibited ammunition; (b) a licence in any other case under Chapter II, - (i) where such licence is required by a person whom the licensing authority has reason to believe - 9-POINt (1) to be prohibited by this Act or by any other law for the time being in force from acquiring,, having in his possession or carrying any arms or ammunition,, or (2) to be of unsound mind,, or (3) to be for any reason unfit for a licence under this Act; or (ii) where the licensing authority deems it necessary for the security of the public peace or for public safety to refuse to grant such licence. (2) THE licensing authority shall not refuse to grant any licence to any person merely on the ground that such person does not own or possess sufficient property. (3) Where the licensing authority refuses to grant a licence to any person it shall record in writing the reason for such refusal and furnish to that person on demand a brief statement of the same unless in any case the licensing authority is of the opinion that it will not be in the public interest to furnish such statement. "

(3.) IN the result writ petition is allowed. The licensing authority is directed to pass fresh order in accordance with law and not to reject the application of the petitioner for grant of fire-arm licence on the ground mentioned in the earlier order. Petition allowed. .