The need for an arm licence should be considered from the applicant's perspective, and the decision to grant or refuse a licence should be guided by cogent, objective, transparent, and logical reasons.

V.K. Jain, J.

The only issue involved in this writ petition is as to whether the respondent No.3 was justified in refusing an arm Licence to the petitioner.

2. The petitioner submitted an application dated 11.01.2011 for grant of an arm licence, in order to secure his life, property and business activities. The said application was rejected vide order dated 07.03.2011, on the same ground that the petitioner did not have any specific threat. Being aggrieved from the said decision, the petitioner preferred an appeal before the Lieutenant Governor of Delhi. The appeal was rejected on the ground that there was no specific threat to the petitioner’s life or liberty, which would justify the grant of an Arms Licence to him. The Lieutenant Governor also took into consideration the report of Additional DCP-I (North-East District), stating therein that the general law and order situation in his area, including village Tahirpur, where the petitioner resides was normal and need for the arm licence, therefore, did not appear to be genuine. Being aggrieved from the said orders, the petitioner is before this Court, seeking setting aside of the order dated 18.01.2012 and a direction to respondent No. 3 to grant a fire arm licence to him.

3. The grant and refusal of licences for fire arms and ammunition is governed, inter alia, by Sections 13 and 14 of the Arms Act, 1959. To the extent they are relevant, the said Sections read as under:-

“13. (2) On receipt of an application, the licensing authority shall call for the report of the officer in charge of the nearest police station on that application, and such officer shall send his report within the prescribed time. (2A) The licensing authority, after such inquiry, if any, as it may, consider necessary, and after considering the report received under sub-section(2), shall, subject to the other provisions of this Chapter, by order in writing either grant the license or refuse to grant the same.

Provided that where the officer in charge of the nearest police station does not send his report on the application within the prescribed time, the licensing authority may, if it deem fit, make such order, after the expiry of the prescribed time, without further waiting for the report]. (3) The licensing authority shall grant- (a) a license under section 3 where the license is required- (i) by a citizen of India in respect of a smooth bore gun having a barrel of not less than twenty inches in length to be used for protection or sport or in respect of muzzle loading gun to be used for bona fide crop protection: Provided that where having regard to the circumstances of any case, the licensing authority is satisfied that in muzzle loading gun will not be sufficient for crop protection, the licensing authority may grant a license in respect of any other smooth bore gun a aforesaid for such protection, or (ii) In respect of a point 22 bore rifle or an air rifle to be used for target practice by a member of rifle club or rifle association licensed or recognized by the Central Government ; (b) a license under section 3 in any other case or license under section 4, section 5, section 6, section 10 or section 12, if the licensing authority is satisfied that the person by whom the license is required has a good reason for obtaining the same.

14. Refusal of licences.- (1) Notwithstanding anything in section 13, the licensing authority shall refuse to grant--

(a) a licence under section 3, section 4 or section 5 where such licence is required in respect of any prohibited arms or prohibited ammunition;

(b) a licence in any other case under Chapter II,--

(i) where such licence is required by a person whom the licensing authority has reason to believe--

(1) to be prohibited by this Act or by any other law for the time being in force from acquiring, having in his possession or carrying any arms or ammunition, or

(2) to be of unsound mind, or

(3) to be for any reason unfit for a licence under this Act; or

(ii) where the lice