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PRATHIBA M. SINGH
Premier Gun House – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
Prathiba M. Singh, J.
1. This hearing has been done through hybrid mode.
2. These are two writ petitions filed by the Petitioner- Premier Gun House, Delhi seeking reliefs in respect of its licenses to import arms as also for release of consignment and other reliefs.
3. The Petitioner is a registered entity engaged in import and trading of arms and ammunition. On 2nd August, 2019 it applied to the DGFT seeking a composite license for import and trading of restricted items and had paid the requisite fee for the same. An import license was granted in favour of the Petitioner on 25th September, 2020 which was valid for a period of 18th months i.e., 25th September, 2020 till 24th March, 2022.
4. The import license which was granted was subject to an ‘actual user condition’ meaning that the Petitioner could import but not trade in the said arms and ammunition. It is the case of the Petitioner that the Petitioner had in November, 2020 imported certain weapons which were cleared and released by the customs authority after inspection. However, thereafter the impugned show cause notice was issued to the Petitioner on 25th February, 2021 calling upon the Petitioner to explain as to how
The judgment establishes the requirement of obtaining licences under the FTDR Act from the DDP and licence in `Form X' under the Arms Act from the DGFT for the import of arms and parts thereof.
The court held that components such as Frames and Slides can be imported with additional furniture parts as long as the manufacturer holds a valid license, and the denial of release based on addition....
Renewal of an arms licence can be denied based on public safety concerns and the applicant's criminal conviction, emphasizing the need for timely applications.
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Licensing authorities must provide a hearing before refusing licence renewal, aligning with principles of natural justice and constitutional guarantees.
Appellate authority lacks power to suspend an arms licence pending inquiry but may remand for further investigation if implicit in jurisdiction.
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