PRAVESH KUMAR Vs. D M SHAHJAHANPUR

JUDGEMENT

(1.) G. P. Mathur, J. This writ petition has been filed praying that a writ of mandamus be issued commanding the respondents not to seize the gun of the petitioner No. 1 and to release the gun of petitioner No. 2 Wasim Beg.

(2.) THE case of the petitioners, in brief, is that they had gone to the State of Nagaland to earn their livelihood and during the period of their stay, they were granted firearm licence by the Deputy Commissioner, Mon, Nagaland that in the licences issued in favour of the petitioners, it is mention ed that the same are valid for 'all India ; that a news item was published in Dainik Jagran newspaper that the police of Shahjahanpur had found that some people were carrying forged firearm licences which purported to have been issued in Nagaland ; that the respondents are compelling those who are having fire-arm licence from Nagland to surrender their weapons ; that though the licence? of the petitioners have neither been suspended nor revoked but the police came to the residence of the petitioner No. 1 to seize his weapon and the gun of the petitioner No. 2 Wasim Beg was actually seized. THE petitioners contend that as they hold valid fire arm licences and the same have not been suspended or revoked, the police has no authority to seize their weapons and the direction issued to the petitioner No. 1 to deposit his fire arm and the seizure of the weapon of petitioner No. 2 is wholly illegal and without any authority of law.

(3.) THE petitioners claim that firearm licences were issued in their favour by the Deputy Commissioner of Mon, which is in the State of Naga-land and photocopies of these licences have been filed as Annexures 1 and 2 to the writ petition. Section 2 (1) (d) of the Arms Act defines 'district Magis trate' and in relation to any area for which a Commissioner of Police has been appointed, means the Commissioner of Police thereof and includes any Deputy Commissioner of Police, exercising jurisdiction over the whole or any part of such area, as may be specified by the State Government in this be half in relation to such area or part. THErefore the Deputy Commissioner of Mon, Nagaland, who has issued the licences in favour of the petitioners can be held to have been exercising the jurisdiction of a District Magistrate under the Act. Being a District Magistrate, he has only authority to issue a firearm licence for his district or the area of his jurisdiction or any specified part thereof. THE Deputy Commissioner has therefore no authority to issue firearm licence which may be valid for whole of India. THE endorsements in the firearm licence of the petitioners that the same was valid for 'all India' is of no consequence and is wholly invalid. THE licences granted by Deputy Commissioner, Mon even if it contains an endorsement that it is valid for 'all India cannot have any legal sanctity beyond the State of Nagaland. THE petitioners are resident of Shahjahanpur and have acquired and are keeping in their possession weapons on the strength of the firearm licences issued by the Deputy Commissioner of Mon (Nagaland ). THE aforesaid licences are wholly invalid in the State of U. P. in law, the petitioners would be deemed to be having no firearm licence in their favour in the State of U. P.