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MOHIT KUMAR SHAH
Sudarshan Rai – Appellant
Versus
State of Bihar – Respondent
Mohit Kumar Shah, J.—The present writ petition has been filed for quashing the order dated 11.02.2016, passed by the District Magistrate, Saran at Chapra in Arms License Case No. 82 of 2015, whereby and whereunder the application of the petitioner for grant of arms license has been rejected on the ground that the petitioner is not having any threat perception. The petitioner has also challenged the appellate order dated 01.06.2018, passed by the Commissioner, Saran Division, Chapra in Arms Appeal No. 120 of 2016, whereby and whereunder the appeal filed by the petitioner has also stood rejected on the ground that the petitioner has failed to show any specific evidence of threat to his life and property, before the licensing authority.
2. The learned counsel for the petitioner has submitted that absence of threat perception cannot be a ground for rejecting the application of the petitioner for grant of arms license. The learned counsel for the petitioner has also submitted that the petitioner is a businessman engaged in sale and purchase of building construction materials such as sand, stone chips, iron rods etc., hence he has to face day to day risk when he is required to carry cash
The lack of evidence regarding threat perception cannot be a ground for refusal of an arms license, and the genuine requirement of the applicant to protect life and/or property must be considered.
The absence of an actual threat perception cannot be the sole ground for denying an arms license, and licensing authorities must consider the applicant's profession and circumstances as per the Arms ....
Threat perception is not a requirement for granting an arms license under the Arms Act.
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