IN THE HIGH COURT OF JUDICATURE AT PATNA
DINESH KUMAR SINGH, J.
CWJC No. 17748 of 2018
(21.12.2018)
Neelam Chandan – Petitioner
vs.
State of Bihar & Ors. – Respondent
Arms Act, 1959 – Section 13 – Arms Rules, 2016 – Rule 15 – Sub Rules (5) and (6) of Rule 54 of Rules, 1962 – Issuance of composite licence – When a statute provides for a particular procedure for doing a thing in a particular manner, then it has to be done in that particular manner and not in any other manner at all – There is nothing on record to suggest that till date any decision has been taken by respondent authorities on application of petitioner for consolidation of his licences – District Magistrate directed to take final decision on application of petitioner within a period of seven days – Writ application allowed. (Paras 13, 14 and 15)
Dinesh Kumar Singh, J. – Heard Mr. B.N. Pandey, learned counsel for the petitioner and Mr. Kumar Vikram, learned AC to GA-4.
2. The present writ application has been filed for a direction to the Respondent No. 2, the District Magistrate, Patna to take a final decision on the application of the petitioner for issuance of a composite licence, since the petitioner is a licence holder of two fire arms i.e. N.P. Bore Revolver/Pistol having Licence No. 687/2013 and N.P. Bore Rifle having Licence No. 708/2013.
3. It is submitted by learned counsel for the petitioner that the petitioner is a licensee of N.P. Bore Revolver/Pistol and N.P. Bore Rifle since 2013. After coming into force of the Arms Rules, 2016 (hereinafter referred to as Rules, 2016) wherein under Rule 15, there is a provision of consolidation of the licences, the petitioner submitted an application for issuance of composite licence. Consequently, the particulars of the petitioner’s licences were entered in the local software as well as in the NDAL system and thereafter Unique Identification Number (UIN)) 051880004344482015 was generated. It is further submitted that both the licences have been renewed from time to time and the licences are valid upto 2018. Hence, the petitioner submitted an application on 31.10.2017 for issuance of a composite licence for both the licences as incorporated under Rule 15(4) of the Rules, 2016 but till date no order has been passed in this regard nor any communication has been made to the petitioner.
4. Mr. Kumar Vikram, learned AC to GA-4, submits that, at present, he is not having any instruction whether any decision has been taken on the application of the petitioner or not, but he further submits that if any decision has not yet been taken till date, it will be taken by the licensing authority within a reasonable time frame.
5. The Rules, 2016 envisages various provisions to check arbitrary discretion of the licensing authority as well as to check the misuse of arms and ammunition and the terms of licences by the licensee. In order to enforce such check, under Rule 15 of Rules, 2016, incorporation has been made for maintenance of records in electronic format and consolidation of arms licence. Rule 15 directs for maintenance of records in electronic format and consolidation of the licences.
6. Sub Rule (1) to (3) of Rule 15 of Rules, 2016 prescribes maintenance of records in electronic format and consolidation of the licences. Sub Rule (1) of Rule 15 mandates that every licensing authority or the renewing authority as specified in Schedule II, while granting a licence or renewing a licence, thereof, shall enter the data of the record locally in an electronic format specified by the Central Government. Sub-Rule (2) of Rule 15 further mandates the licensing authority and the renewing authority to enter such data in the NDAL system, which shall generate a Unique Identification Number (UIN) and from the 1st day of April, 2019, any arms licence without UIN was directed to be treated as invalid. Sub-Rule (3) of Rule 15 stipulates that the UIN so generated will be unique for every licensee. Sub Rule (4) to (6) of Rule 15 stipulates the provision for consolidation of licences. Rule 15(4) provides for consolidation of licence allowing the licensee holding multiple licences in Form III to make an application before the concerned licensing authority, to consolidate the licence by making an application on or before the 1st day of April, 2019 for grant of single licence in respect of all the arms under his UIN.
7. It is made clear that the cut off date i.e. 1st day of April, 2017 as incorporated under Rules 15(2) and 15(4) were substituted as 1st of April, 2018 by GSR (E) dated 28.11.2017 w.e.f. 28.11.2017 and the said cut off date has now been substituted as 1st April, 2019 vide Ministry of Home Affairs, Notification No. G.S.R. 644(E) dated July 12, 2018 published in Gazettee of India on 13th July, 2018.
8. Though the present case is governed by Rules, 20
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