SANT RAM PANDEY Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned Standing Counsel.

(2.) The petitioner while serving in the Army and posted at Delhi applied for an arms licence, which was sanctioned by the Deputy Commissioner of Police (Licensing), Delhi on 31st January, 2005. The weapon was required to be purchased by the petitioner from the Defence Ordinance, Jabalpur. The allotment order fructified on 1st May, 2006. The petitioner received the weapon and got it endorsed on the licence on 5th September, 2006.

(3.) In the meanwhile, the petitioner retired from service on 31st July, 2005 and got re-employed again w.e.f. 1st August, 2005 in the Army Base Workshop, Cheoki, Allahabad. Since the licence was valid only for the territory of Delhi, the petitioner could not bring his weapon to Allahabad and accordingly, deposited the weapon with the Army Workshop, Delhi. The petitioner applied for a licence on an All India basis on 16th September, 2006 before the Deputy Commissioner of Police (Licensing), Delhi. Simultaneously, the petitioner also applied for an arms licence on an All India basis before the District Magistrate, Allahabad. The Deputy Commissioner of Police (Licensing), Delhi by an order dated 26th December, 2006 held that there was no need to apply for extension of the area of the arms licence and that necessary endorsement could be made by the Licensing Authority at Allahabad on account of change of residence of the petitioner. Accordingly, the Deputy Commissioner of Police (Licensing), Delhi issued a transport licence for a period of 15 days to enable the petitioner to carry the weapon from Delhi to Allahabad.