ANURAG PRATAP SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By invoking the writ jurisdiction under Article 226 of the Constitution of India, the petitioner has assailed the legality, validity and propriety of the impugned order dated 04/05/2013 (Annexure P-1) passed by the Additional Secretary (Home) State of M.P., Bhopal whereby application for grant of revolver arms licence has been rejected.

(2.) The petitioner is a permanent resident of Gwalior and carrying on business of distribution-ship of medicines. The petitioner carries on business in the entire territory of district Gwalior, Bhind, Morena and Datia and other districts near Gwalior including remote areas. The aforesaid area is already notified as dacoit affected area and for this reason the petitioner felt it necessary to own a revolver for own safety, therefore, he applied for a licence for possessing and carrying an un-prohibited fire arm under Sections 3 and 4 of the Arms Act, 1959 (hereinafter referred to as the Act) to the District Magistrate, Gwalior (M.P.). The District Magistrate called for report from the police. The report was received by the District Magistrate, Gwalior (M.P.). After considering the report of the Town Inspector, the Superintendent of Police recommended the case of the petitioner for issuance of revolver licence. Thereafter, the matter was referred to the State Government since the licencing authority in respect of revolver is the State Government. The State Government vide impugned order dated 04/05/2013 (Annexure P-1) rejected the application on the sole ground of absence of any threat of life to the petitioner. Being aggrieved the petitioner challenges the order of rejection in the present petition.

(3.) Learned counsel for the petitioner contends that impugned order is arbitrary and perverse since now it is well settled that licence for possession of the arms should not be rejected on the sole ground of absence of any threat to life. He submits that the relevant criteria especially, those relating to possibility of misuse of the firearm, breach of public peace, incapacity-physical, mental or otherwise, of the petitioner to make use of the firearm in a proper manner and so on, have not at all been considered by the Authorities concerned. He further submits that the police report as well as the District Magistrate have recommended issuance of the firearm licence for revolver, case of the petitioner becomes more stronger. Learned counsel for the petitioner relies upon the following cases in support of his contention :-