Rakesh Kumar v. Principal Secretary to Government of Punjab
2014-03-18
RITU BAHRI
body2014
DigiLaw.ai
JUDGMENT Ms. Ritu Bahri, J.:- Challenge in this petition is to the order dated 16.06.2012 (Annexure P-5) passed by the Deputy Commissioner of Police, Jalandhar-respondent No.5, cancelling the Arms Licence of the petitioner and order dated 16.11.2012 (Annexure P-7), whereby the appeal filed by the petitioner was dismissed. 2. Rakesh Kumar-petitioner had been issued Arms Licence No.11134/Revenue/DM/Jalandhar in the year 1994, which was subsequently renewed from time to time after every three years and was valid up to 20.07.2010. On 29.12.2010, the petitioner made an application for renewal of the aforesaid Arms Licence to the Deputy Commissioner of Police, Jalandhar. Thereafter, on 07.06.2012, a show cause notice (Annexure P-3) was given to the petitioner asking him, as to why his Arms Licence may not be cancelled, as four FIRs have been registered against him. The details of the FIRs, which are registered against him are as under:- 1. Case No.82 dated 19.05.1999, under Section 13-3-67 of Gambling Act, registered at Division No.3, Jalandhar. 2. Case No.155 dated 21.09.2002, under Section 13-3-67 of Gambling Act, registered at Division No.3, Jalandhar. 3. FIR No.34 dated 25.07.1996, under Sections 324 and 323 IPC, registered at Division No.1, Jalandhar. 4. FIR No.156 dated 24.09.1992, under Sections 307, 379, 324, 327, 336, 34 IPC and Section 27-54-59 of Arms Act, registered at Police Station Division No.3, Jalandhar. 3. The petitioner was convicted in FIR No.156 dated 24.09.1992, under Sections 307 IPC and sentenced to undergo imprisonment for a period of seven years vide Judgment dated 03.02.2001 passed by the Additional Sessions Judge, Jalandhar. Thereafter, in criminal appeal No.318-SB of 2001, decided on 13.08.2010 (Annexure P-10), his sentence was reduced to the period already undergone, subject to payment of compensation to the complainant and injured. 4. Vide order dated 16.06.2012 (Annexure P-5), the Deputy Commissioner of Police, Jalandhar, ccancelled the Arms Licence of the petitioner under Section 17 (3) (A & D) of the Arms Act. A further direction was given to the petitioner to surrender his Arms Licence and deposit all the weapons with the recognized Arms Dealer or for its sale to a valid liecncee. He was also directed to give necessary information in this regard to the Deputy Commissioner of Police, Jalandhar, within 30 days from the issuance of the said order. 5.
A further direction was given to the petitioner to surrender his Arms Licence and deposit all the weapons with the recognized Arms Dealer or for its sale to a valid liecncee. He was also directed to give necessary information in this regard to the Deputy Commissioner of Police, Jalandhar, within 30 days from the issuance of the said order. 5. The petitioner’s case for renewal of the Arms Licence has been declined under Section 17 (3) (A & D) of the Arms Act, as a convicted person has no right to keep the Arms Licence. 6. On notice, written statement has been filed on behalf of the respondents, while admitting the fact that four FIRs have been registered against the petitioner. Out of the these FIRs, the petitioner has been convicted in FIR No.156 dated 25.07.1996, under Sections 307, 324, 323, 379, 34 IPC, Police Station Division No.3, Jalandhar. On appearl, this Court has reduced the sentence to the period already undergone. Apart from this, he has been convicted and sentenced to pay a fine of Rs.50,/- vide judgment dated 07.01.2002 passed by the Court of Judicial Magistrate, Ist Class, Jaladhar, in FIR No.82 dated 19.05.1999, under Section 13 of the Gambling Act, Police Sttion Division No.3, Jalandhar. On an application made by the petitioner for renewal of his Arms Licence, a report from the SHO, Police Station, Division No.3, Jalandhar, was sought and thereafter, the show cause notice was issued and ultimately, his Arms Licence has been cancelled. Reference has also been made to a latest policy dated 06.04.2010 (Annexure R-1) regarding renewal of licence. 7. Heard, counsel for the parties. 8. The Arms Licence of the petitioner has been cancelled while following the provision of Section 9 (i) (a) (ii) of the Arms Act, 1959, which is reproduced as under:- “Section 9. Prohibition of acquisition or possession by or of sale or transfer to young persons and certain other persons of firearms, etc.- (1) Notwithstanding anything in the foregoing provisions of this Act,- (a) No person, -- (i) XX XX XX (ii) Who has been sentenced on conviction of any offence involving violence or moral turpitude to imprisonment for [any terms] at any time during a period of five years after the expiration of the sentence;” 9.
A plan reading of the above said Section goes to show that if an applicant is convicted, then after his conviction is complete, for the next five years, his case for renewal of the Arms Licence shall not be considered. 10. The petitioner’s case was decided on 13.08.2010 (Annexure P-10), whereby his conviction was reduced to the period already undergone and a direction was given to pay compensation to the injured/complainant. The respondents are taking this five years period w.e.f. 13.08.2010 till 13.08.2015, so as to disentitle the petitioner from renewal or grant of Arms Licence. The petitioner, after being convicted by the Additional Sessions Judge, Jalandhar on 03.02.2001, was released on bail by this Court. Therefore, it cannot be treated that he had completed his conviction on 13.08.2010 when his sentence was reduced to the period already undergone. The period of five years, after completion of conviction, is to be taken from the date of his bail and not from the date of final judgment i.e. 13.08.2010. The requisite period of five years, as mentioned clause 9 (i) (a) (ii) of the Arms Act, 1959, was expired much before the date of final order when his bail was decided by this Court. Therefore, this decision did not stand in the way of renewal of his Arms Licence. 11. In the light of the above discussion, the impugned orders dated 16.06.2012 & 16.11.2012 (Annexures P-5 and P-7) are set aside and the matter is remanded back to the Deputy Commissioner of Police, Jalandhar, to pass a fresh order for grant of Arms Licence to the petitioner in accordance with law, after taking into consideration the date of bail, granted by this Court, as expiry of sentence and adding five years thereafter. ---------------