KUSHA CHANDRA SARMA Vs. DISTRICT MAGISTRATE, DARRANG

JUDGEMENT

(1.) THIS batch of analogous writ application impugn the following order dated 23 -2 -1983 of the District Magistrate, Darrang, Tezpur : "Whereas it has been reported that large number of firearms are used in communal riots and arson in the district of Darrang by the miscreants and that many persons have been killed by gun shots, the arms and ammunitions are being used for unlawful purpose. It is therefore ordered under Section 22 of the Arms Act, 1959 that all Licence holders are to deposit their arms and ammunitions with the Licence in the nearest Police Station/Outpost within 48 hours of passing this order. The police officers are fully authorised and empowered to search/seize all arms and ammunitions and deposit in the respective Malkhana. Any disregard of this order will render to prosecution as per law."

(2.) MR . P.K. Barua, the learned Counsel for the petitioner in Civil Rule No.104/83, submits, inter alia, that the impugned order is a general one which is not contemplated under Section 22, Arms Act, 1959 (hereinafter referred to as 'the Act') ; that even if it is treated as an order addressed to individual licence holders it is not supportable under Section 22 of the Act; that it is not supportable under any other provisions of the Act or the Rules framed thereunder; and that as it seeks to deprive the petitioner of his property in his gun without authority of law, it is liable to be set aside. Mr. S.N. Medhi also submits that the impugned order can not be supported under Section 21 of the Act which deals with deposit of arms, etc.

(3.) MR . D.N. Choudhury, the learned Senior Govt. Advocate, submits that the impugned order is one of search and seizure and precisely falls within the purview of Section 22 of the Act, its first para recording the reasons and the second para requiring the licence holders to deposit their arms and authorising search and seizure as contemplated under that section. He submits that the order nowhere states that search conducted will not be by or in presence of a Magistrate or authorized officer.