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.

JUDGMENT:

Y. G. Khobragade, J.

1. Rule. Rule made returnable forthwith and with the consent of both the parties heard finally.

2. By the present petition under Article 227 of the Constitution of India, the Petitioner takes exception to the order dated 12-08-2022 passed by Respondent No. 2 - Divisional Commissioner and Appellate Authority under the Arms Act confirming the order dated 01-02-2022 passed by the Respondent No. 1 District Magistrate.

3. In nutshell, it is the grievance of the petitioner that, he was employed in Co-operative Department of the Government for the years 1983 to 2012 and worked at several places in Maharashtra. He is having landed property at village Khadgaon Tq. Gangakhed Dist. Parbhani. In addition to that, he is doing the business of plotting. He is involved in social work and in the year 2019, he contested parliamentary election. He frequently visits his village from Mumbai.

4. Since, there was danger to his life, he had applied for Fire Arms licence in the year 1997. After scrutiny and verification, on 10-03-1997, the Respondent No. 1 - District Magistrate, Parbhani had granted Arms licence to him for 32 Bore Revolver No. A 85116 for the period of one year, which was renewed till 31-12-2019 and said fact was informed to the concerned authorities and request was made for registration (nomination) of Arms licenses with the Licensing Authority at Mumbai. However, during pendency of said application, on 25-11-2021, the Dy. Commissioner of Police (Head Quarter-I) was informed regarding the conviction of the petitioner in connection with Crime bearing No. 11 of 1999 for the offences punishable u/s 7(2), 13(1)(2) of the Prevention of Corruption Act, 1988. Being aggrieved by the said order, the petitioner filed Cri. Appeal No. 267 of 2011 and his sentence came to be suspended during pendency of Appeal.

5. It is the contention of the petitioner that, some delay was caused while moving an application for registration of Arms Licence. However, on 25-11-2021, the Commissioner of Police, Grater Mumbai rejected said application on ground of conviction of the petitioner for the offences u/s 7(2), 13(1)(2) of the Prevention of Corruption Act, 1988 in connection with Crime No. 11 of 1999 and an inordinate delay was caused while submitting an application for registration of Arms licence. Being aggrieved by the order dated 25-11-2021, the petitioner preferred an appeal u/s 28 of the Arms Act, 1959 before the Appellate Authority - Respondent No. 2. On 12-08-2022, the learned Appellate Authority passed the impugned order and confirmed the order dated 01-02-2022 passed by the Respondent No. 1, being aggrieved by the same the petitioner has filed this petition.

6. Mr. M. V. Nagargoje, the learned counsel appearing for the petitioner canvassed that, the petitioner had not apply for new licence, but applied for renewal of Arm licence which was already granted to him in the year 1997 and since then he has renewed the same time to time till 31.12.2019 therefore, notification dated 31.03.2010 issued by the Central Government for issuance of new licence is not applicable. Further, on oral instructions from the employee of the Respondent No. 1, the petitioner had applied for registration (nomination) of Arm Licence with the Licensing Authority at Mumbai because, it is required to intimate the licensing authority regarding the fire arm where the licence holder resides. However, on 23.11.2021, the Licensing Authority, Mumbai turned down the request of the petitioner merely on ground that, the petitioner was convicted for the offence u/s 7(2), 13(1)(2) of the Prevention of Corruption Act, 1988, which is nothing but abuse process of law.

7. The learned counsel for the petitioner further canvassed that, on 30.12.2013, the petitioner had submitted an application before the Dy. Commissioner of Police (Headquarter-I), Greater Mumbai, however, said application was decided on 23-11-2021, after lapse of 8 years and refused registration of license