ISHTIYAQUE ALAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Pramod Kumar Singh, learned counsel for the petitioner and Mr. Manoj Kumar, learned AC to GP-4.

(2.) The present Writ application has been filed with a prayer for quashing the order dtd. 19/4/2017 passed in Arms Appeal No. 4/2016- 17 by Respondent no. 2, Commissioner, Bhagalpur Division, Bhagalpur affirming the order dtd. 18/3/2016 passed vide Memo No. 42/Sastra dated 18/19/3/2016 by Respondent no. 3, District Magistrate, Banka, whereby the application of the petitioner for grant of licence of a non-prohibited (N.P.) Bore rifle has been rejected.

(3.) The factual matrix of the case is that the petitioner being an agriculturist by profession submitted an application for grant of non- prohibited (N.P.) Bore rifle in prescribed form with prescribed fee to Respondent no. 3, the licensing authority -cum- District Magistrate, Banka in terms of Sec. 13(2) of the Arms Act, 1959 (hereinafter called as the 'Act'). The District Magistrate, Banka called for a report from Officer-in-charge, Rajoun Police Station and Police Inspector, Baunsi, who submitted their reports to the Superintendent of Police, Banka who ultimately transmitted the report to the District Magistrate, Banka suggesting that there has been no report of threat to life and property and the petitioner has not submitted any foundational facts for grant of license. The District Magistrate after considering the report came to a conclusion that the petitioner does not have any threat to his life and property and the Superintendent of Police has not recommended for issuance of arms licence. Moreover, he has also suggested that the petitioner has not received any threat to life and property. The petitioner has failed to produce any fact suggesting the necessity of grant of arms licence and thirdly petitioner has failed to produce any fact which mandates the issuance of licence in his favour and ultimately vide Memo No. 42/sastra dated 18/19/3/2016, the application of the petitioner for issuance of licence has been rejected by the District Magistrate, Banka.