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2022 DIGILAW 247 (KER)

Pradeep Rao M. , S/o. Krishna Rao v. State Of Kerala Represented By Its Secretary To Government, Home Department, Government Secretariat, Thiruvananthapuram

2022-03-14

N.NAGARESH

body2022
JUDGMENT : The petitioner, who is a practicing Advocate, has approached this Court seeking to direct the 1st respondent to authorise the Police Department of the State of Kerala to impart Arms and Ammunition Safety Training to the applicants/prospective applicants for Arms Licence in compliance of Ext.P5 clarification dated 17.01.2018 issued by the Ministry of Home Affairs, Government of India forthwith, so as to secure the ends of justice. 2. The petitioner states that he was issued with an Arms Licence on 09.10.2013 to protect the agricultural operations. The licence is valid up to 30.09.2022. On 15.07.2021, the petitioner submitted an application for Arms Licence under Form III to possess a 0.32 bore revolver No.122 which was in the possession of M.Chandrasekhara Bhat, a relative of the petitioner. The said Chandrasekhara Bhat is no more now and the weapon is deposited with Kumbla Police Station on 16.03.2014. The petitioner submitted an application on 15.07.2021. The licensing authority did not call for report from the Police Station as contemplated under Rule 14 of the Arms Rules, 2016. 3. The petitioner states that as per Section 3(2) of the Arms Act, 1959, no person shall acquire or have in his possession or carry at any time more than two fire arms. 4. According to the petitioner, the petitioner is required to submit Arms Training Certificate in Form S1 in compliance of Rule 10(1) of the Arms Rules, 2016. It stipulates that the applicants shall be required to complete Arms and Ammunition Safety Training. The training is to be conducted by accredited trainer or master having licence under Rule 39. As per Rule 10(3), the date and duration of the Safety Training shall be notified by the Central Government. 5. The petitioner submits that as per Ext.P5 notification, the Central Government has made an interim arrangement of authorising the Police Department of the State Government concerned to impart training and to issue certificate in Form No.S1. However, in Kerala State, the Police Department has not made any arrangement for imparting training. It is in such circumstances that the petitioner has approached this Court with the afore prayer. 6. The learned Government Pleader filed a Statement dated 14.02.2022 on behalf of the 2nd respondent. However, in Kerala State, the Police Department has not made any arrangement for imparting training. It is in such circumstances that the petitioner has approached this Court with the afore prayer. 6. The learned Government Pleader filed a Statement dated 14.02.2022 on behalf of the 2nd respondent. It has been stated that the State Police Department is required by the Government to prepare a syllabus for Arms Training to be imparted to private persons, containing elementary lessons that are to be taught to a trainee on firing practice and to provide the training at Police Battalion or Training Centre as envisaged in Rule 10 of the Arms Rules, 2016. An order has already been issued in this regard as evidenced by Annexure R2(a). 7. In Annexure R2(a), the Additional Director General of Police, Armed Police Battalion is authorised to prepare a syllabus containing elementary lessons of firing practice and the manner of imparting training to private persons. The fees and application from the prospective applicants are to be collected by the Additional Director General of Police, Armed Police Battalion. The training will be conducted once in three months with nominal fee. On the successful completion of the Arms and Ammunition Safety Training Course, the trainees will be issued with Training Certificates. In view of Annexure R2(a) order dated 01.02.2022 and in view of the Statement on behalf of the 2nd respondent, no further orders are required in this writ petition. The writ petition is therefore disposed of recording the Statement filed by the 1st respondent and directing the respondents to finalise the syllabus for Arms Training and to commence imparting of training as expeditiously as possible.