( 1 ) THE writ petitioner is a charitable trust. It inter alia campaigns for the rights of the animals. By reason of this writ petition, the petitioner has prayed for issuance of an appropriate writ directing the respondents not to authorize issuance/renewal of licences under the arms Act, 1959 in respect of guns for sport as well as for crop and cattle protection.

( 2 ) THE contention of the petitioner in this writ petition is that although the object of the Arms Act is to preserve public security as also maintenance of public order, the basic requirements thereof have been given a go-bye by liberalizing the policy of grant of licence of arms . Such liberalization of grant of licence in arms led to unhampered distribution, sale and possession of firearms in the country. It is not in dispute that the Central Government in exercise of its power conferred upon it under Section 41 of the Arms act had issued a notification bearing No. G. S. R. 991 dated 13. 07. 1962 whereby and whereunder it had excluded arms and ammunition of the descriptions specified in column (1) of Schedule II annexed thereto from certain provisions of the Act and subject to conditions mentioned therein. Air guns, Air Rifles and Air Pistols, which find place at serial no. 3 of the said Schedule II, have completely been exempted from the purview of the provisions of the Arms act.

( 3 ) THE petitioner in this writ petition has questioned the legality of the said notification. According to the petitioner, if the said notification is not set aside, the same would lead to a disastrous result inasmuch by reason thereof guns would be used for killing or maiming of animals or birds. The petitioner, however, is not against the target practice. As for using air guns for target practice, the petitioner would contend that a separate provision in relation thereto may be made, but it is difficult to comprehend as to why such category of firearms would be made freely available in the market.

( 4 ) FIREARMS, according to the petitioner, are primarily designed and manufactured, inter alia, for maiming or killing innocent animals whose habitat has been usurped or for killing fellow human species. It has been contended by the petitioner that invariably air guns, air rifles and air pistols are used on helpless small animals and birds even by little children and such practice would have an adverse impact on their character as thereby the children would be taught to disregard and treat other species as dispensable. It has been urged that the said notification dated 13. 07. 1962 exempting air guns, etc. from all the provisions of the Arms Act is arbitrary and in violation of the Articles 14 and 21 of the Constitution of India because it permits a child of any age to possess and use the same, whereas, on the other hand, the same air gun, etc. it is to be used in a rifle Club, only by a person who has completed 21 years of age as provided under Section 9 of the Arms Act. A large number of air guns, air rifles and air pistols, the petitioner contended, are easily available and can be purchased from a roadside vendor.

( 5 ) MR. Phoolka, the learned senior counsel appearing on behalf of the respondent No. 1, however, would submit that despite the fact that the Arms Act is a Central enactment, the power to administer the same having been delegated to the State Governments, their views have been sought for in this behalf. It is contended that by reason of GSR No. 991 dated 13. 10. 1962, manufacture, dealership and possession of air weapons have been deregulated and no such licensing is required for possession, manufacture / sale of such weapons subject to the condition that only those air weapons which eject projectiles discharged from such guns or pistols do not perforate a target 12 inches square formed by deal wood boards of even grain, free from knots, planted on both sides, and of thickness of inch and 1 inch for air pistols and air guns/rifles respectively. The learned se