Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2009 Supreme(SC) 917

2009(5) Supreme 267
SUPREME COURT OF INDIA
(From Bombay High Court)
S.B. Sinha and Cyriac Joseph, JJ.
Chandrakant Hargovindas Shah — Appellant
versus
Deputy Commissioner of Police & Anr. — Respondents
Civil Appeal No. 3243 of 2009
[Arising out of SLP (C) No.8729 of 2007]
Decided on : 05-05-2009

Advocates appeared:
For the Appellant(s) :Siddhartha Dave, Ms. Jemtiben, Ms. Vibha Datta Makhija, Advocates.
For the Respondent(s):Ms. Madhavi Divan, Ravindra Keshavrao Adsure, Advocates.

IMPORTANT POINT
Too frequent sale and purchase of weapons including second hand weapons by a sportsperson and possession of more number of weapons than authorized may be a valid ground for cancellation of licence.

Headnote:(a) Arms Act, 1959 – Section 17 – Appellant buying sand selling firearms 36 times – Licenses are granted for self-use – Although sale and purchase of arms and ammunition by a licensee per se is not prohibited, appellant has done something indirectly which could not do directly – Not permissible. (Para 17)
        (b) Maxim – Suppressio veri and suggestio falsi – A mere omission or negligence would not constitute a deliberate act of suppressio veri and suggestio falsi – Suppressio veri would amount to concealment, suggestio falsi would amount to furnishing of inaccurate particulars. (Para 18)
        (2007) 6 SCC 329 – Relied upon.
        (c) Judicial Review – Court should not pass any order which would make a statutory authority to comply with only useless formalities. (Para 23)
       Facts of the case :
        1. Appellant herein was a renowned sports person engaged in the sport of shooting since 1988 and has been participating in the shooting events at national and international levels. He has consistently been awarded the certificate of “Renowned Shot” in the categories of small bore 10 meter rifle and pistol, 25 meter all pistol events, 50 meter rifle events, 12 bore trap and skeet events and 300 meter rifle events.
        2. As per classification of the Government of Maharashtra the appellant fell in category 3 and accordingly was granted two licences, viz., licence no.BO/50/October/90 for 4 revolver/pistol and licence no.BO/50A/October/90 for 5 gun/rifle in the year 1990.
        3. It further appears that during the period 1996 to 2005, he had bought and sold rifles and pistols for 36 times. It also appears that during the period between 2001 and 2005, on 26 occasions he had imported various arms and cartridges. During the period between 26.11.1991 and 15.10.2004, however, he had taken part in 18 events of various State and National Shooting Championships.
        4. On the premise that he had misused the licence, taking undue advantage of his aforementioned certificates by transferring weapons imported by him from abroad 39 times, a show cause notice was issued to him on or about 20th January 2005 by the licensing authority.
        5. Not satisfied by appellant’s show cause, by an order dated 04th April 2005, the 1st respondent cancelled his licences.
        6. The designated appellate authority, by a non-speaking order dated 17th October 2005, while upholding the order of cancellation in respect of one licence, directed restoration of Licence No.BO-50A/October/90. On remand from High Court, the Appellate authority cancelled both the licenses.
        7. A writ petition filed by the appellant thereagainst, by reason of the impugned judgment, has been dismissed.
       Finding of the Court :
        The appellant is guilty of suppresio veri as also suggestio falsi.
        Statutory authorities were justified in passing the impugned orders cancelling the licences.
       Result : Appeal dismissed.

JUDGMENT

S.B. Sinha, J.—

1. Leave granted.

2. An intricate question involving interpretation of the provisions of the Arms Act, 1959 (for short, ‘the Act’) falls for determination in this appeal which arises out of a judgment and order dated 06th February 2007 passed by a Division Bench of the High Court of Bombay.

3. Appellant herein was a renowned sports person engaged in the sport of shooting since 1988 and has been participating in the shooting events at national and international levels. He has consistently been awarded the certificate of “Renowned Shot” in the categories of small bore 10 meter rifle and pistol, 25 meter all pistol events, 50 meter rifle events, 12 bore trap and skeet events and 300 meter rifle events.

4. Indisputably, the Government of Maharashtra issued a notification dated 25th June 1982 in terms of the provisions of the Act and the rules framed thereunder, classifying the target shooters into four categories. It furthermore specified the quantities of arms and ammunition permitted to be possessed by the target shooters. Having regard to the fact that the appellant fell in category 3 of the said notification dated 25th June 1982, he was granted two licences, viz., licence no.BO/50/October/90 for 4 revolver/pistol and licence no.BO/50A/October/90 for 5 gun/rifle in the year 1990.

5. It further appears that during the period 1996 to 2005, he had bought and sold rifles and pistols for 36 times, the details whereof are as under :

Sr. Date of Date Weapon Details of weapon No. purchase sold Type

01 27.08.96 20.07.01 .315 Rifle .315 Rifle No.94 AB 4205

02 28.02.97 16.06.97 30.06 30.06 Rifle No.374182 by Rifle Spring Field

03 28.03.98 28.04.99 .22 Rifle .22" Rifle No.804309 by Bruno

04 15.07.98 23.09.98 .22 Rifle .22" Rifle No.068207 by Auschwitz

05 05.10.98 16.10.98 .32" Pistol .32" Pistol No.387437 by Unique

06 12.10.98 20.10.98 .32" Revolver .32" Revolver No.ABS 4982 by Smith & Wasson

07 02.11.98 28.04.99 .22" Pistol .22" Pistol No.G 25027 by Hammerli

08 02.12.98 25.11.99 .22" Rifle .22" Rifle No.AC/KB/667/102/77

09 09.07.99 15.07.99 .32" Pistol .32" Pistol No.672901 by Astra

10 09.07.99 16.07.99 .32" Pistol .32" Pistol No.27402 by Harrington

11 01.09.99 22.11.99 .22" Pistol .22" Pistol No.89216

12 25.08.99 07.09.99 .22" Rifle .22" Rifle No.105022 by Bruno

13 31.08.99 07.09.99 .22" Rifle .22" Rifle No.109617 by Bruno

14 27.09.99 28.09.99 .22" Rifle .22 Rifle No.95952 by Bruno

15 27.09.99 30.09.99 .22" Rifle .22" Rifle No.87431 by Bruno

16 27.10.99 19.11.99 .22" Rifle .22" Rifle No.35310 by FN Browning

17 01.11.99 18.04.00 .22" Rifle .22" Rifle No.223058 by Auschwitz

18 05.11.99 12.11.99 .32" Revolver .32" Revolver No.607020 by Taurus

19 24.11.99 20.06.00 .22" Pistol .22" Pistol No.307126 by Erma

20 20.12.99 28.04.00 12 Bore 12 Bore DBBL Gun DBBL No.187742 by Simson Gun

21 05.08.00 13.11.03 .22" Rifle .22" Rifle No.96818 by FN Auschwitz

22 16.09.00 26.09.01 .22" Pistol .22" Pistol No.27595 by Hammerli

23 18.01.01 20.01.01 .32" Revolver .32" Revolver No.H-112351 by Smith & Wasson

24 14.12.01 19.04.02 .22" Rifle .22" Rifle No.468146 by Bruno

25 22.02.02 16.10.02 12 Bore 12 Bore DBBL Gun DBBL No.27501 by WW Gun Greener

26 01.08.02 20.08.02 .45" Pistol .45" Pistol No.C-14987 by Colt

27 17.09.02 08.01.03 .22" Pistol .22" Pistol No. G-007938 by Walther

28 04.03.03 27.05.05 .38" Pistol .38" Pistol No.12548 by Colt

29 10.06.03 30.09.03 .45" Pistol .45" Pistol No.2087341 by Ithaca

30 28.11.03 26.09.01 .22" Pistol .22" Pistol No.27595 by Hammerli

31 20.02.04 19.08.04 .122" .122" L.R. Barrel Pistol Pistol No.99286 with conversion barrels

32 09.06.92 12.01.99 30.06" 30.06" Rifle No.139853 Rifle by Winchester

33 07.06.92 23.09.98 .22" Rifle .22" Rifle No.162302 by Auschwitz

34 28.02.94 15.07.98 25/35" Rifle 25/35" Rifle No.984490 by Winchester

35 29.05.92 18.09.96 12 Bore 12 Bore DBBL Gun DBBL No.8127 by Felix Gun

36 31.12.99 ML Gun Muzzle Loading Gun No.14

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Judicial Analysis

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2009 Supreme(SC) 917

2009(5) Supreme 267SUPREME COURT OF INDIA(From Bombay High Court)S.B. Sinha and Cyriac Joseph, JJ.Chandrakant Hargovindas Shah — AppellantversusDeputy Commissioner of Police & Anr. — RespondentsCivil Appeal No. 3243 of 2009[Arising out of SLP (C) No.8729 of 2007]Decided on : 05-05-2009

IMPORTANT POINT Too frequent sale and purchase of weapons including second hand weapons by a sportsperson and possession of more number of weapons than authorized may be a valid ground for cancellation of licence.

Cases Referred (1)

Judicial Analysis

2009(5) Supreme 267
SUPREME COURT OF INDIA
(From Bombay High Court)
S.B. Sinha and Cyriac Joseph, JJ.
Chandrakant Hargovindas Shah — Appellant
versus
Deputy Commissioner of Police & Anr. — Respondents
Civil Appeal No. 3243 of 2009
[Arising out of SLP (C) No.8729 of 2007]
Decided on : 05-05-2009

IMPORTANT POINT
Too frequent sale and purchase of weapons including second hand weapons by a sportsperson and possession of more number of weapons than authorized may be a valid ground for cancellation of licence.