JUDGMENT : Hon’ble Alok Singh, J (Oral) Present writ petition is filed assailing the order dated 04.04.2015 passed by District Magistrate, Udham Singh Nagar as well as order dated 29.05.2015 passed Divisional Commissioner, Kumaon, Nainital whereby application moved by the petitioner under Section 13 of the Arms Act, 1962 seeking arms licence for revolver / pistol was dismissed by the District Magistrate on the ground that petitioner has absolutely no danger to his life, as reported by police and appeal arising therefrom was dismissed by the Divisional Commissioner, Kumaon, Nainital. 2. Brief facts of the present case, inter alia, are that petitioner has applied for arms licence on the prescribed form under Section 13 of the Arms Act seeking arms licence for Non Prohibited Bore revolver / pistol on 08.01.2015; learned District Magistrate was pleased to call reports from the Revenue Authorities as well as from the police; Deputy Collector, Sitarganj, vide report dated 17.01.2015 was pleased to forward the reports of Lekhpal, Kanoongo, Naib Tehsildar and Tehsildar whereby it was reported that petitioner is an agriculturalist by profession and he has agricultural land in District Pilibhit as well as in Sitarganj, District – Udham Singh 2 Nagar, therefore, for his security, licence may be granted in his favour; when no decision was taken on the application of the petitioner, petitioner was compelled to file WPMS No. 352 of 2015 before this Court, which was disposed of vide order dated 04.02.2015 directing the District Magistrate to decide the application of the petitioner seeking arms licence within 8 weeks from the date of production of certified copy of the order. 3. Having perused the order dated 04.02.2015 passed by this Court, on 04.04.2015 learned District Magistrate, Udham Singh Nagar was pleased to decline the request of the petitioner on the ground that as per report of the police, petitioner has absolutely no danger to his life. Feeling aggrieved, petitioner has filed statutory appeal before the Divisional Commissioner, under Section 18 of the Arms Act, which too was dismissed by the Divisional Commissioner vide order dated 29.05.2015. Feeling aggrieved, petitioner has filed present writ petition. 4. Sections 3, 9, 13 and 14 of the Arms Act, 1959 read as under: “Section 3 - Licence for acquisition and possession of firearms and ammunition. Feeling aggrieved, petitioner has filed present writ petition. 4. Sections 3, 9, 13 and 14 of the Arms Act, 1959 read as under: “Section 3 - Licence for acquisition and possession of firearms and ammunition. - [(1)] No person shall acquire, have in his possession, or carry any firearm or ammunition unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made thereunder: Provided that a person may, without himself holding a licence, carry any firearms or ammunition in the presence, or under the written authority, of the holder of the licence for repair or for renewal of the licence or for use by such holder. (2) Notwithstanding anything contained in sub-section (1), no person, other than a person referred to in sub-section (3), shall acquire, have in his possession or carry at any time, more than three firearms: Provided that a person who has in his possession more firearms than three at the commencement of the Arms (Amendment) Act, 1983, may retain with him any three of such firearms and shall deposit, within ninety days from such commencement, the remaining firearms with the officer in charge of the nearest police station, or subject to the conditions prescribed for the purposes of sub-section (1) of section 21, with a licensed dealer or, where such person is a member of the armed forces of the Union, in a unit armoury referred to in that sub-section. (3) Nothing contained in sub-section (2) shall apply to any dealer in firearms or to any member of a rifle club or rifle association licensed or recognised by the Central Government using a point 22 bore rifle or an air rifle for target practice. (4) The Provisions of sub-section (2) to (6) (both inclusive) of section 21 shall apply in relation any deposit of firearms under the proviso to sub-section (2) as they apply in relation to the deposit of any arms or ammunition under sub-section (1) of that section.] 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) who has not completed the age of [twenty-one years], or (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 sentences, or (iii) who has been ordered to execute under Chapter VIII of the [Code of Criminal Procedure, (2 of 1974)] a bond for keeping the peace or for good behaviour, at any time during the term of the bond, shall acquire, have in his possession or carry any firearm or ammunition; (b) no person shall sell or transfer any firearm or ammunition to, or convert, repair, test or prove any firearm or ammunition for, any other person whom he knows, or has reason to believe- (i) to be prohibited under clause (a) from acquiring, having in his possession or carrying any firearm or ammunition, or (ii) to be of unsound mind at the time of such sale or transfer, or such conversion, repair, test or proof. (2) Notwithstanding anything in sub-clause (i) of clause (a) of sub-section (1), a person who has attained the prescribed age-limit may use under prescribed conditions such firearms as may be prescribed in the course of his training in the use of such firearms: Provided that different age-limits may be prescribed in relation to different types of firearms. Section 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.] (3) The licensing authority shall grant- (a) a licence under section 3 where the licence is required- (i) by a citizen of India in respect of a smooth bore gun having a barrel of not less than twenty inches in length to be used for protection or sport or in respect of a muzzle loading gun to be used for bona fide crop protection: Provided that where having regard to the circumstances of any case, the licensing authority is satisfied that a muzzle loading gun will not be sufficient for crop protection, the licensing authority may grant a licence in respect of any other smooth bore gun as aforesaid for such protection, or (ii) in respect of a point 22 bore rifle or an air rifle to be used for target practice by a member of a rifle club or rifle association licensed or recognised by the Central Government; (b) a licence under section 3 in any other case or a licence under section 4, section 5, section 6, section 10 or section 12, if the licensing authority is satisfied that the person by whom the licence is required has a good reason for obtaining the same. Section 14 - Refusal of licences. Section 14 - Refusal of licences. - (1) Notwithstanding anything in section 13, the 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 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. Bare perusal of Section 3 of the Act would demonstrate that no person shall acquire, have in his possession, or carry any firearms or ammunition, unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made thereunder, however, such person may, without himself holding a licence, carry any firearms or ammunition in the presence, or under the written authority, of the holder of the licence for repair or for renewal of the licence or for use by such holder. Sub-clause (3) of Section 3 would further demonstrate that no person other than the dealer in firearms or member of a rifle club or rifle association having licence, shall acquire or have in his possession or carry on, at any time, more than three firearms. Sub-clause (3) of Section 3 would further demonstrate that no person other than the dealer in firearms or member of a rifle club or rifle association having licence, shall acquire or have in his possession or carry on, at any time, more than three firearms. Perusal of Section 9 of the Act would demonstrate that no person, who is below twenty-one years or who has been sentenced on conviction of any offence involving violence or moral turpitude to imprisonment for any term at any time during a period of five years after the expiration of the sentence or who has been directed to furnish a bond for keeping the peace or for good behaviour, at any time during the term of the bond shall acquire or have in his possession or carry any firearm or ammunition. The bare perusal of Section 13 of the Act would demonstrate that the District Magistrate may grant firearm licence for non-prohibited firearms. Bare perusal of Section 14 of the Act would demonstrate that licencing authority shall refuse to grant licence in respect of prohibited ammunitions or arms, however, licencing authority may also refuse to grant licence for non-prohibited weapon if the licencing authority has reason to believe that acquiring, having in possession or carrying any arms or ammunition is prohibited. Licencing authority may also refuse to grant licence in favour of the person who is of unsound mind or who is found to be unfit for a licence under this Act or licencing authority deems it necessary for the security of the public peace or for public safety to refuse grant of such licence. 6. Licencing authority may also refuse to grant licence in favour of the person who is of unsound mind or who is found to be unfit for a licence under this Act or licencing authority deems it necessary for the security of the public peace or for public safety to refuse grant of such licence. 6. Combined reading of Sections 13 and 14 of the Act would demonstrate that ordinarily licencing 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; licencing authority shall refuse to grant licence if applicant is below twenty-one years of age or is of unsound mind or has been convicted and sentenced for the offence involving violence and moral turpitude for a period of 5 years after the expiration of the sentence or shall not issue the arms licence in favour of the person, who has been asked to furnish bond to maintain public peace during the period of bond or when the licencing authority is of the opinion that grant of licence would be against the public peace and security. Meaning thereby, if none of the grounds for refusing the licence is available, ordinarily, the licence has to be granted. 7. Undisputedly, in the present case, the petitioner is a big agriculturist having agricultural land in District Udham Singh Nagar of the State of Uttarakhand as well as in District Pilibhit of the State of Uttar Pradesh. There is no material to point out that applicant was ever directed to furnish bond to maintain public peace or was ever convicted or sentenced for the offence involving violence and moral turpitude within 5 years prior to moving of the application. 8. Admittedly, the petitioner is not found man of unsound mind or below the age of twenty-one years. Therefore, refusal of the non-prohibited arms licence to the petitioner on the ground that there is no material to suggest that he has any apprehension of life seems to be beyond the scope of Section 13 and 14 of the Act. 9. Consequently, petition succeeds and is hereby allowed. Impugned orders are hereby quashed. Matter stands remitted to the District Magistrate. 9. Consequently, petition succeeds and is hereby allowed. Impugned orders are hereby quashed. Matter stands remitted to the District Magistrate. District Magistrate, Udham Singh Nagar is directed to take fresh decision on the application of the petitioner keeping in mind the observations made hereinbefore, within thirty days from the date certified copy of this order is placed before the District Magistrate. 10. CLMA No. 6675 of 2015 also stands disposed of accordingly.