AVINASH KUMAR GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner has made this writ petition under Article 226 of the Constitution for a direction upon the concerned District Magistrate to consider his application for grant of fire-arm licence. The essential facts are that the petitioner has made an application for the license of fire-arm. It is stated that he needs a fire-arm for the protection of his personal security and property. For similar relief a large number of writ petitions are filed in this Court, wherein the petitioners claimed that they have made the application for the license of the fire-arm but the District Magistrate has not taken any decision in spite of the facts that concerned police station has sent its report in favour of the petitioners.

(2.) The Arms Act, 1959 (in short Act) has been drastically amended by Act No. 25 of 1983, whereby the provisions of the Arms Act have been made more stringent.

(3.) Section 13 under Chapter-II of the Arms Act read with Rule-51 and 51A of the Arms Rules, 1962 lay down a detail procedure for grant of the licence. Sub-section (2) of Section 13 provides that licensing Authority shall call for the report of the concerned police station.