AMRIK CHAND SALUJA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner is a dealer in arms and ammunition and carries on business in the name and style of 'M/s Amrik Chand Hukum Singh Saluja' in Bilaspur. He held a licence for possessing and acquiring arms and ammunition, as required by the Arms Act, 1959. This licence was valid up to 31 - 12- 1986. The petitioner then applied for its renewal, vide Annexures-B, D and F for the years 1987, 1988 and 1989 respectively. These applications were not disposed of. However, the petitioner went on depositing in the treasury the necessary licence fee. Although no formal orders, renewing the licence for the years 1987, 1988. and 1989, were passed, yet, from time to time, the District Magistrate, Bilaspur, issued no objection certificates for import of fire arms and ammunition, as and when required. Annexures-I-1 to I-10, annexed to the petition, are a few of such no objection certificates, which range from 3-1-1987 to 12-9-1988. The petitioner was allowed to continue the business of dealing in arms and ammunition, as before. However, on 21-1-1988, the arms and ammunition held by the petitioner in his premises were seized by the Kotwali Police and were removed to the Police Station. The seizure memo is Annexure-A. The petitioner alleges that the arms so seized also include fire arms, which had come to the petitioner's establishment for repairs and did not belong to him. The petitioner immediately approached the District Magistrate vide application dated 28-1-1989 (Annexure-K) and requested for a copy of the order, directing the aforesaid seizure. This was replied to by the District Magistrate vide his memorandum dated 6-2-1989 (Annexure R-III filed with the return). This indicates that action to effect seizure of arms and ammunition, as aforesaid, was taken in obedience of certain orders passed by the State Government in its Home Department. The petitioner was directed to contact the Home Department of the State to obtain copy of such orders. It is significant to mention here that this communication (Annexure R-III) is conspicuously silent about any order passed prior to that date, i.e., prior to 6-2-1989, rejecting the petitioner's prayer for renewal of the licence. The petitioner then immediately approached this Court through this petition on 9-2-1989. Notice of this petition was issued, in response to which return with documents, has been filed. It is in this return that the respondents, for the first time, disclosed that the petitioner's application/applications for renewal of the licence have been rejected vide order dated 19-1-89. A copy of that order has been annexed to the return as Annexure R-1. The petition was consequently amended to challenge this order as well.

(2.) After hearing learned counsel for the petitioner as also the Government Advocate, we are of opinion that this petition must be allowed and the seizure and the order rejecting the petitioner's application for renewal of the licence deserve to be quashed. S. 3, which falls under Chapter II of the Arms Act, 1959, forebears any person to acquire or have possession of or carry any fire arms of ammunition, without a valid licence issued in accordance with the provisions of the Act and the rules made thereunder. Any person, desiring to obtain such a licence is required to make an application under S. 13 of the Arms Act to the licensing authority, in such form, containing such particulars and accompanying such fee, as may be prescribed. On receipt of such an application, the licensing authority is required to call for a report of the officer-in-charge of the nearest police Station on that application. The licensing authority then shall consider this report and after such enquiry as it may consider necessary and subject to other provisions of Chapter III of the Act, may, by order in writing, either grant a licence or refuse to grant the same. The proviso to sub-s. (2-A) of S. 13 permits the licensing authority to proceed to make order u/sub-s. (2-A) of S. 13, either granting or refusing to grant licence, even if no report is received from the officer-in-charge of the nearest police station within the prescribed time. S. 14 of the Act provides that the licensing authority shall refuse to grant licence notwithstanding anything contained in S. 13, under certain circumstances mentioned in cls. (a) and (b) of sub-s. (1) of S. 14. S. 15 provides for duration and renewal of licence and says that a licence u/S. 3 shall, unless revoked earlier, continue in force for a period of three years from the date on which it is granted, provided that such a licence may be granted for a shorter period if the person by whom the licence is required, so desires or if the licensing authority, for reasons to be recorded in writing, considers in any case that the licence should be granted for a short period. Sub-s. (3) of S.15 makes provision for renewal of the licence and for that purpose makes the provisions of Ss. 13 and 14 applicable, as they apply to grant of licence.

(3.) The position that emerges from the aforesaid provisions of the Arms Act is that a person cannot hold any arms or ammunition without a licence. This licence is granted for certain duration and under certain conditions. It shall be refused under any of the circumstances mentioned in S. 14. One of such circumstances mentioned u/S. 14(1)(b)(ii) is where the licensing authority deems it necessary for the security of the public peace or for the public safety to refuse to grant such licence. Ordinarily, a licence shall be renewable. If, however, the licensing authority decides not to renew the licence, it has to record its reasons in writing for so doing. As the provisions of Ss. 13 and 14 have been made applicable to an application for renewal of a licence in the same manner as they apply for grant of a licence, the licensing authority is required to obtain a report of the officer-in-charge of the nearest Police Station and is also required to make such enquiry as may be considered necessary before refusing to renew the licence. One has, therefore, to see in the present case, if, while refusing renewal of licence vide Annexure R-I, the licensing authority has adhered to these provisions.