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S. SUNIL DUTT YADAV
G. Somashekara Reddy – Appellant
Versus
State Of Karanataka – Respondent
JUDGMENT :
1. The petitioner is the sole accused in the proceedings in Crime No.0237/2013 subsequently registered as Spl.CC No.827/219 and has sought for quashing of the entire proceedings in pursuance of the FIR in Crime No.160/2013 dtd. 7/6/2013 at Annexure-A, the FIR in Crime No.0237/2013 dtd. 30/8/2013 at Annexure-B and the complaint dtd. 14/3/2013 at Annexure-C and the Charge Sheet dtd. 27/2/2014 at Annexure-D and has also sought for setting aside of the proceedings in Spl.CC No.0827/2019 registered on the basis of the charge sheet at Annexure- D for the offences punishable under Ss. 21(1) R/w Sec. 25(1B)(h) of the Arms Act, 1959 (hereinafter referred to as 'the Act' for brevity).
2. It is stated that the accused was holding a Arms Licence No.10/2004-05 in respect of 32 NP Bore Revolver No.752708, which licence had expired on 31/12/2009 and that the accused had deposited the weapon on 10/11/2011. It is further submitted that an application for renewal of licence on 16/11/2011 was filed, meanwhile, proceedings were initiated under the provisions of Sec. 21 and 25(1B)(h) of the Act on the ground that the accused without applying for renewal of licence had possessed the weapon with
The court emphasized the necessity of wrongful intention for the offence under the Arms Act and the requirement of renewal of the license as per the legal provisions.
Renewal of an arms licence can be denied based on public safety concerns and the applicant's criminal conviction, emphasizing the need for timely applications.
Authorities must adhere to the Arms Act by providing compelling evidence before cancelling or denying renewal of an arms license, and mere involvement in a criminal case is insufficient to justify su....
The competent authority has the power to revoke an arms license if it deems necessary for the security of public peace or public safety, and the scope of judicial review in such matters is limited.
Destruction of deposited weapons without statutory notice and procedural compliance under Arms Act and Rules is illegal and arbitrary.
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