BIRENDRA SINGH KUSHWAHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the State who has also filed counter affidavit supporting the order dated 15.11.2011, Annexure-10 passed by the District Magistrate, Nalanda in Arms Case No 307 whereunder request of the petitioner for grant of licence for N.P. bore revolver has been rejected observing that neither petitioner nor the police report indicate any instance that petitioner actually apprehends threat to his person and property. It is submitted on behalf of the petitioner that the reasons given by the licensing authority for refusing the request of the petitioner for arms licence is wholly contrary to the provisions of Section 14 of the Arms Act, 1959, as thereunder arms licence can be refused to an applicant who is prohibited under the Act from acquiring licence or he is of unsound mind or for any other reason in the opinion of the licensing authority he is unfit for grant of licence. The reason indicated by the licensing authority in the impugned order, in my opinion is beyond the purview of Section 14 of the Act. For obtaining arms licence applicant need not suffer actual assault or any other overt act mere apprehension is enough for the grant provided the applicant is not unfit for such grant.

(2.) In such view of the matter, I have no option but to quash the order dated 15.11.2011 passed in Arms Case No. 3/07, Annexure-10. In this connection, I may point out that petitioner submitted his application for grant of arms licence in the year 1987 and on two earlier occasion his such request was refused by the licensing authority, against which petitioner approached the Commissioner, Patna Division and the matter was remanded to the licensing authority, who again rejected the request, whereafter petitioner filed Arms Appeal Case No. 74/2006, which was allowed and matter remitted back to the licensing authority under order dated 4.6.2007. The present order has been passed in consideration of the direction given under order dated 4.6.2007. In such circumstances, this Court while setting aside the order of the licensing authority dated 15.11.2011, Annexure-10 is not remitting back the matter for fresh consideration by the licensing authority but is giving direction to issue the required licence in favour of petitioner. With the observations and directions above, the writ petition is allowed.