BANSILAL NANDA BRINDAWAN Vs. STATE OF M P

JUDGEMENT

(1.) BY this petition, under Article 226/227 of the Constitution of India, the petitioner challenges the correctness, validity and propriety of the orders Annexure-F, dated 4-7-1984 passed by the District Magistrate, Satna and Annexure-I, passed by the Commissioner, Rewa in appeal case No. 20/arms/84-85, dated 26-11-1984.

(2.) THE petitioner applied for grant of a licence of a revolver. According to the petitioner, the licence was required for defence of person and property. After the application was filed, various reports were called for. Superintendent of Police, by his report Annexure-B gave the positive report in favour of the petitioner clearly stating that the petitioner bears good conduct and holds property. The Superintendent of Police recommended the grant. The Sub-Divisional Magistrate called for the report of Tahsildar and after receiving the report found that the petitioner is, having a good financial status, a respectable person and is entitled to hold the arms. He also recommended for grant of licence. The Patwari also submitted his report in favour of the petitioner recommending that the licence can be given in favour of the petitioner. In view of all these certificates/reports, ordinarily a licence could have been granted in favour of the petitioner, but the learned District Magistrate, Satna by its order dated 4-7-1984 observed that in the township of Maihar sufficient arms are available, the township is not infested by dacoits, therefore, the petitioner is not entitled to a licence. The said order was challenged by the petitioner before the Commissioner but the said appeal proved to be futile. The additional argument of the petitioner, that as he has to carry cash with him, he is entitled to a revolver, was also rejected holding that if the firm's cash is being carried by the petitioner, then the firm could apply for the licence.

(3.) SHRI Dhande, learned counsel for the petitioner submits that application for grant of licence made under section 13 of the Indian Arms Act can only be rejected if the foundation is available under section 14 of the Act. He submits that the grounds for rejection must be germane or akin to the provisions of section 14 and a licence cannot be refused on the grounds on which it has been refused.