BISWAJIT BISWAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner is a partner of a firm which is based in Kolkata, but conducts business in different parts of this country. THE main business (ft the petitioner is running dealership of arms and ammunitions. THE petitioner possesses a .32 bore revolver manufactured by Smith & Weson, under a valid licence for the same in the State of West Bengal. Under the provisions of Arms Act, 1959, it is permissible for the licensing authorities to restrict the area within the country for acquisition and possession of firearms and ammunitions. It appears that licences are issued for a district, a State or the country as a whole. THE licence of the petitioner, which he claims to be holding since the year June, 1997, has been granted for the State of West Bengal only. He has made a representation to the Assistant Secretary, Home, Police Department praying for extension of the area validity of the licence to cover the entire territory of India which has been rejected. It is this decision of the authorities which is the subject-matter of dispute in this writ petition.

(2.) This is the second time the writ petitioner has approached this Court with this grievance. The prayer of the petitioner for a licence covering the entire country was originally rejected on 24th February, 1998. Thereafter, successive representations were made and correspondence exchanged between the petitioner and the respondent authorities, through which various particulars were disclosed by the petitioner. It has been pleaded in the writ petition that on 16th December, 2003, the petitioner was informed that the documents submitted by him were not sufficient to justify his prayer for area extension. THIS order was challenged by the petitioner by filing a writ petition being W.P. No.4549 (W) of 2004. THIS writ petition was disposed of by an Hon'ble Single Judge of this Court on 1st April, 2004 with the following direction:

(3.) In the light of the above referred provisions of the statute and the guideline issued by the Central Government the impugned order is required to be tested. So far as the question of territorial operation of a licence is concerned, the guideline for the same is contained in a memorandum issued by the Joint Secretary to the Government of INdia bearing No.V-11026/106/ 94, Arms dated 11th October, 1995, a copy of which has been made Annexure "R3" to affidavit-in-opposition to the writ petition. IN this memorandum, it has been specified: