C. CHANDRAN NAIR v. ADDITIONAL DISTRICT MAGISTRATE, KASARAGOD
2014-11-19
P.B.SURESH KUMAR
body2014
DigiLaw.ai
JUDGMENT Ext.P1 order by which the first respondent has rejected the application for renewal of a gun licence submitted by the petitioner and Ext.P3 order by which the second respondent has confirmed Ext.P1 order in appeal, are under challenge in this writ petition. 2. The case of the petitioner is that he is holding the licence sought to be renewed for the last nine years and when he applied for renewal of the licence during 2010, the application was rejected as per Ext.P1 order holding that the Superintendent of Police concerned has reported that there is no threat to the life of the petitioner and therefore, the licence cannot be renewed. The very same stand is reiterated by the second respondent in Ext.P3 order. The relevant portion of the order reads thus: "The question to be considered mainly is, whether there exists a real threat to his life and property of the appellant. A weapon becomes essential for a particular individual, when he alone has to defend himself from the threats and when being denied of protection which is his right as a citizen. In this instant case, no such threat exists. Holding a large extent of landed property does not make one susceptible to threat. Having perused the records and hearing the appellant, I do not find any reason to believe that a real threat exists to his life and property of the appellant which necessitates processing and use of weapon for self protection" 3. Sub sections (1), (2) and (2A) of Section 13 of the Arms Act, 1959 (for short "the Act") dealing with the grant of licences, read as follows: 13. Grant of licences : (1) An application for the grant of a licence under Chapter II shall be made to the licensing authority and shall be in such form, contain such particulars and be accompanied by such fee, if any, as may be prescribed. (2) On receipt of an application, the licensing authority shall call for the report of the officer in charge of the nearest police station on that application, and such officer shall send his report within the prescribed time.
(2) On receipt of an application, the licensing authority shall call for the report of the officer in charge of the nearest police station on that application, and such officer shall send his report within the prescribed time. (2A) The licensing authority, after such inquiry, if any, as it may consider necessary, and after considering the report received under sub-section (2), shall, subject to the other provisions of this Chapter, by order in writing either grant the licence or refuse to grant the same: Provided that where the officer in charge of the nearest police station does not send his report on the application within the prescribed time, the licensing authority may, if it deems fit, make such order, after the expiry of the prescribed time, without further waiting for that report. 4. Section 14 of the Act dealing with refusal of licences reads as follows : "14. Refusal of licences - (1) Notwithstanding anything in section 13, licensing authority shall refuse to grant - (a) a licence under section 3, section 4 or section 5 where such licence is required in respect of any prohibited arms or prohibited ammunition; (b) a licence in any other case under Chapter II - (i) where such licence is required by a person whom the licensing authority has reason to believe - (1) to be prohibited by this Act or by any other law for the time being in force from acquiring, having in his possession or carrying any arms or ammunition, or (2) to be of unsound mind, or (3) to be for any reason unfit for a licence under this Act; or (ii) where the licensing authority deems it necessary for the security of the public peace or for public safety to refuse to grant such licence. (2) The licensing authority shall not refuse to grant any licence to any person merely on the ground that such person does not own or possess sufficient property. (3) Where the licensing authority refuses to grant a licence to any person it shall record in writing the reasons for such refusal and furnish to that person on demand a brief statement of the same unless in any case the licensing authority is of the opinion that it will not be in the public interest to furnish such statement." 5. Section 15 of the Act dealing with renewal of licence reads as follows: 15.
Section 15 of the Act dealing with renewal of licence reads as follows: 15. Duration and renewal of licence - (1) A licence under section 3 shall, unless revoked earlier, continue in force for a period of three years from the date on which it is granted: Provided that such a licence may be granted for a shorter period if the person by whom the licence is required so desires or if the licensing authority for reasons to be recorded in writing considers in any case that the licence should be granted for a shorter period. (2) A licence under any other provision of Chapter II shall, unless revoked earlier, continue in force for such period from the date on which it is granted as the licensing authority may in each case determine. (3) Every licence shall, unless the licensing authority for reasons to be recorded in writing otherwise decides in any case, be renewable for the same period for which the licence was originally granted and shall be so renewable from time to time, and the provisions of sections 13 and 14 shall apply to the renewal of a licence as they apply to the grant thereof." It is settled that applications for grant as also renewal of licences under the Act are to be considered in accordance with the terms of the statute. Unlike section 14 of the Act, Section 15 of the Act dealing with renewal of the licence does not enumerate any specific grounds for refusal. On the other hand, Section 15 of the Act categorically provides that every licence shall, unless the licensing authority for reasons to be recorded in writing otherwise decides in any case, be renewable for the same period for which the licence was originally granted and shall be so renewable from time to time, and the provisions of Sections 13 and 14 shall apply to the renewal of a licence as they apply to the grant thereof. A combined reading of Sections 14 and 15 of the Act would indicate that once a licence is granted under the Act, the same shall be renewed from time to time, unless there exists a ground for refusal as enumerated under Section 14 of the Act. In other words, licence once granted is to be renewed if there are no grounds for refusal as enumerated in Section 14 of the Act.
In other words, licence once granted is to be renewed if there are no grounds for refusal as enumerated in Section 14 of the Act. The reason stated in Exts.P1 and P3 orders to decline renewal of licence is not a ground provided for in Section 14 of the Act. Exts.P1 and P3 orders, in the circumstances, are liable to be set aside on that sole ground. 6. That apart, the protection of the life and property of the citizens is the responsibility of the State. It is only when a person apprehends that the machinery of the State may not come to his aid to protect his life and property, he/she applies for a licence under the Act. The subjective satisfaction of the authorities under the Act that there is no threat to the life and property of the applicant may or may not be correct. However, when the applicant feels that there is threat to his life and property, there is no reason for the State to risk his life and property. True, the issue of licences for possessing deadly arms should be done with great care and caution and with greater circumspection. But, that does not mean that the authorities under the statute can act otherwise than in accordance with the statute. If the intention is to prevent abuse of the use of the licensed weapons, adequate provisions are made in Section 14 of the Act to take care of such situations and the said objective has to be achieved in accordance with the provisions of the Act. As such, I am of the definite view that an applicant for licence or for renewal of licence under the Act need not establish that there exists threat to the life or property to get the licence applied for or to get the existing licence renewed. In the circumstances, Exts.P1 and P3 orders are quashed and the first respondent is directed to renew the licence granted to the petitioner, as applied for by him, if the application is otherwise in order, within six weeks from today.