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2024 DIGILAW 517 (CHH)

Adhish Krishan S/o Ajeet Kumar Yadav v. State of Chhattisgarh

2024-07-23

PARTH PRATEEM SAHU

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ORDER : 1. This writ petition is filed against order dated 08.02.2024 passed by respondent No. 1/Commissioner in appeal filed under Section 18 of the Arms Act, 1955 (hereafter referred to as “the Arms Act”) whereby the appellate authority dismissed the appeal. 2. Learned counsel for the petitioner submitted that the petitioner is working on the post of Manager in a reputed company. He has to travel within the State of Chhattisgarh, State of Madhya Pradesh and State of Uttar Pradesh and also has to carry large amount of cash with him. Petitioner, looking to the nature of job of carrying large amount of cash with him has submitted an application before the Licensing Authority under Section 13 of the Arms Act for grant of licence of 12 bore rifle/revolver. The application was processed. However, the Licensing Authority dismissed the application for grant of licence without there being any reason recorded. He contended that unless and until the reasons as provided under Section 14 of the Arms Act are available, the application for grant of licence ought to have been allowed. He also contended that appellate authority also without considering the provision under the Arms Act in its true perspective has dismissed the appeal and, therefore, the order impugned passed by the appellate authority as also Licensing Authority be set aside and the application submitted by the petitioner under Section 13 of the Arms Act for grant of arms licence be allowed. In support of his contentions, he placed reliance upon the decision in the case of Gurvinder Singh vs. District Magistrate, Udham Singh Nagar, 2015 SCC Online Utt. 789. 3. Learned counsel for the State opposed the submission of learned counsel for the petitioner and would submit that the Licensing Authority as also the appellate authority after considering the provision under the Arms Act and Rules framed thereunder have passed the order. He also contended that in the application, the petitioner has not specifically pleaded of any life threat. The only reason assigned for the arms licence is that he has to travel in State of Chhattisgarh, State of Madhya Pradesh and State of Uttar Pradesh with large amount of cash which, in the present days, is not required. Amount/cash can be transferred from one bank account to another bank account online. The only reason assigned for the arms licence is that he has to travel in State of Chhattisgarh, State of Madhya Pradesh and State of Uttar Pradesh with large amount of cash which, in the present days, is not required. Amount/cash can be transferred from one bank account to another bank account online. Licensing Authority as also the appellate authority has considered the Circular issued in this regard as to the limitation for issuance of arms licence based on population of the city/town where applicant resides. Order under challenge is strictly in accordance with law, hence, does not call for any interference. 4. I have heard learned counsel for the parties and also perused the documents annexed along with writ petition. 5. Grievance of the petitioner is that he submitted an application for grant of licence under the Arms Act which was dismissed. Before proceeding further, I find it appropriate to go through the relevant provision under the Arms Act as also the Arms Rules, 2016 (hereafter referred to as “the Rules of 2016”) framed thereunder. Section 13 of the Arms Act deals with grant of licence. Applicant has to submit an application under Section 13 (1) of the Arms Act before Licensing Authority. Section 13 (2) of the Arms Act provides that after receipt of an application for grant of licence, the Licensing Authority shall call for report from the Officer-In-Charge of nearest police station and the report is to be forwarded by the said Officer-in-Charge within the prescribed time. Under Section 13 (2A) of the Arms Act, after considering the report received on such inquiry to be conducted by Licensing Authority, the Licensing Authority may either grant the licence or refuse to grant the same. Section 13 (3) of the Arms Act provides categorization of the arms/ammunition and circumstances under which licence is to be issued by the Licensing Authority. 6. Relevant portion of Section 13 of the Arms Act is extracted below for ready reference: “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. 6. Relevant portion of Section 13 of the Arms Act is extracted below for ready reference: “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. xxx xxx xxx (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. (ii) in respect of a [firearm] to be used for target practice by a member of a rifle club or rifle association licenced 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.” 7. Section 14 of the Arms Act deals with refusal of licence. In exercise the powers conferred under the provision of Arms Act, the Arms Rules, 2016 is framed. Rule 11 of the Rules of 2016 deals with application for licence and Rule 12 talks of obligation of Licensing Authority in certain cases. Section 14 of the Arms Act deals with refusal of licence. In exercise the powers conferred under the provision of Arms Act, the Arms Rules, 2016 is framed. Rule 11 of the Rules of 2016 deals with application for licence and Rule 12 talks of obligation of Licensing Authority in certain cases. Sub-Rule (2) and (3) of Rule 12 of the Rules of 2016 which are relevant are extracted below for ready reference: “12. Obligations of licensing authority in certain cases: (1) xxx xxx xxx (2) For grant of a licence for the restricted arms or ammunition specified in category I(b) and I(c) in Schedule I, the licensing authority, may consider the application of: (a) any person who faces grave and anticipated threat to his life by reason of. (i) being resident of a geographical area or areas where militants, terrorists or extremists are most active. (ii) being the prime target in the eyes of militants, terrorists or extremists. (iii) facing danger to his life for being inimical to the aims and objectives of the militants, terrorists or extremists. (b) any Government official who by virtue of the office occupied by him or by the nature of duty performed by him and/or in due discharge of his official duty is exposed to anticipated risk to his life. (c) any Member of Parliament or Member of Legislative Assembly, who by virtue of having close or active association with anti-militant, anti-terrorist or anti-extremist programmes and policies of the Government or by mere reason of holding views, political or otherwise, exposed himself to anticipated risk to his life. (d) any family member or kith and kin of a person who by the very nature of his duty or performance (past or present) or position occupied in the Government (past or present) or even otherwise for known or unknown reasons exposed himself to anticipated risk to his life. (e) any other person, for any legitimate and genuine reason, to the satisfaction of the licensing authority, by passing of a speaking order in this regard: Provided that before grant of a licence under this sub-rule, the licensing authority based on the recommendations of the district magistrate and of the State Government concerned and on examination of the police report and after conducting a separate verification from its own source, shall satisfy itself that the applicant requires such licence. (3) For grant of a licence for the permissible arms or ammunition specified in category III in Schedule I, and without prejudice to the provisions contained in clause (a) of sub-section (3) of section 13, the licensing authority, based on the police report and on his own assessment, may consider the applications of: (a) any person who by the very nature of his business, profession, job or otherwise has genuine requirement to protect his life and/or property. (b) any dedicated sports person being active member for the last two years, of a shooting club or a rifle association, licenced under these rules and who wants to pursue sport shooting for target practice in a structured learning process. (c) any person in service or having served in the Defence Forces, Central Armed Police Forces or the State Police Force and has genuine requirement to protect his life and/or property.” 8. Reverting back to facts of case, application submitted by the petitioner for grant of licence was rejected taking into consideration the Circular issued by erstwhile State of Madhya Pradesh on 8th August 1974 of Home (Police) Department providing ratio in which the number of firearms are to be issued to the population. In the proceedings it is recorded that according to the population of Durg district, number of licence which can be issued in accordance with the Circular is 398, however, as of now 1093 arm licences have already been issued. Appellate authority had also considered the observation made by the Licensing Authority for rejecting the application and further taking note of the provision under Sections 4, 5, 6, 10, 12 of the Arms Act dismissed the appeal. Under Section 13(3) of the Arms Act, the ground for which the licence shall be granted is specifically provided. Under Section 13 (3) (b), it is provided that the Licensing Authority has to record its satisfaction that the person by whom licence is required has good reason for obtaining the same. 9. From the aforementioned provision, it is apparent that it is not that in all cases where application is submitted and which is not falling within the ground mentioned for refusal of licence, all the applications are to be allowed and licence is to be issued to all the applicants. 9. From the aforementioned provision, it is apparent that it is not that in all cases where application is submitted and which is not falling within the ground mentioned for refusal of licence, all the applications are to be allowed and licence is to be issued to all the applicants. From perusal of provision under Section 13 (3) (a) to (b) of the Arms Act, it is clear that Licensing Authority has to record its satisfaction that there is good reason for grant of licence. 10. In the case at hand, the petitioner has not pleaded in the application that he suffered any life threat at any point of time but for the reason assigned that he has to carry large amount of cash with him when he has to travel in State of Chhattisgarh, Madhya Pradesh and Uttar Pradesh. Carrying large amount of cash is not a compulsion upon the petitioner. In the present era of technology and banking network, Government as well as in private sectors, there is no requirement of any person to carry cash amount with him. Everything can be managed online . Even the amount can be transferred online from one bank account to another bank account anywhere across the India easily. Rule 12 (3) of the Rules of 2016 also provides that Licensing Authority based on police report and on his own assessment “may consider” application of any person who by the very nature of his business, profession, job or otherwise has genuine requirement to protect his life or property. It is for the Licensing Authority to consider and to make assessment of the requirement of the applicant to possess licence with regard to nature of business, profession, job or otherwise. 11. The petitioner is a Manager in the Company and as per assessment, Licensing Authority has not found any good reason to grant licence to the petitioner. 12. Learned counsel for the petitioner except the submission that unless and until there is a ground as provided under Section 14 of the Arms Act for refusal of licence, the licence has to be mandatorily granted, in the opinion of this Court, is misplaced. 13. For the foregoing discussions, I do not find any merit in this writ petition. The writ petition is liable to be and is accordingly dismissed.