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2023 Supreme(Chh) 406

SANJAY K. AGRAWAL, RADHAKISHAN AGRAWAL
Hardeep Singh Benipal, S/o. Late Shri Rajendra Singh – Appellant
Versus
State of Chhattisgarh, Through Secretary, Department of Home, Mantralaya – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sabyasachi Bhaduri and Mr. Pankaj Singh.
For the Respondents:Mr. Amrito Das, Additional Advocate General, Mr. Manoj Mishra.

ORDER :

Sanjay K. Agrawal, J.

1. The petitioner herein seeks to challenge the constitutional validity of the Arms (Amendment) Act, 2019, by which amendment has been made in sub-section (2) of Section 3 of the Arms Act, 1959 whereby for the words “three firearms”, the words “two firearms” have been substituted with effect from 14-12-2019 and eventually also seeks to quash the order dated 10-9-2020 (Annexure P-2) issued by the Collector directing the petitioner to deposit the third firearm in compliance of sub-section (2) of Section 3 of the Arms (Amendment) Act, 2019 read with the proviso appended to it.

2. The petitioner seeks to question the constitutional validity of the said amendment on the following factual backdrop: -

3. The petitioner is license holder of three firearms under license No.57/III/R/2004, which he has inherited from his father and eventually, got the license transferred in his name, which he is holding for significant period of time. It is the case of the petitioner that consequent to the impugned amendment in the Arms Act, 1959 by virtue of notification dated 13-12-2019 which came into force with effect from 14-12-2019, the petitioner’s capacity to retain firearms

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