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PARTH PRATEEM SAHU
Adhish Krishan S/o Ajeet Kumar Yadav – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
1. This writ petition is filed against order dated 08.02.2024 passed by respondent No. 1/Commissioner in appeal filed under Section 18 of the Arms Act, 1955 (hereafter referred to as “the Arms Act”) whereby the appellate authority dismissed the appeal.
2. Learned counsel for the petitioner submitted that the petitioner is working on the post of Manager in a reputed company. He has to travel within the State of Chhattisgarh, State of Madhya Pradesh and State of Uttar Pradesh and also has to carry large amount of cash with him. Petitioner, looking to the nature of job of carrying large amount of cash with him has submitted an application before the Licensing Authority under Section 13 of the Arms Act for grant of licence of 12 bore rifle/revolver. The application was processed. However, the Licensing Authority dismissed the application for grant of licence without there being any reason recorded. He contended that unless and until the reasons as provided under Section 14 of the Arms Act are available, the application for grant of licence ought to have been allowed. He also contended that appellate authority also without considering the provision under the Arms Act in its true p
The Licensing Authority has discretion to grant or refuse an arms licence based on the applicant's demonstrated need and circumstances, which must be assessed appropriately.
The main legal point established in the judgment is that the licensing authority must provide reasons for refusal of a licence application as mandated by Section 14(3) of the Arms Act, 1959.
The rejection of an arms license application must be based on grounds that have a nexus to the provisions of the Arms Act, 1959, particularly Sec.14, and cannot be based on non-germane grounds such a....
Threat perception is not a requirement for granting an arms license under the Arms Act.
Possession of a crop protection firearm licence cannot be a bar to possess a self-defence licensed weapon.
Point of Law : Perverse or an illegal decision of the authority can be judicially reviewed.
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