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IN THE HIGH COURT OF DELHI AT NEW DELHI
Satish Chandra Sharma, Subramonium Prasad, JJ.
Meet Malhotra – Appellant
Versus
Union of India Through Secretary & Ors. – Respondents
LPA 532 of 2022
Decided On : 16-05-2023
Arms Act - Interpretation of Section 3(2) and 3(3) - Section 13 - [FIREARMS] - [Arms Act] - [Section 3(2), Section 3(3), Section 13] - The court discussed the provisions of the Arms Act, particularly Section 3(2) and 3(3), and their interpretation regarding the possession and use of firearms by members of rifle clubs or associations. The court emphasized that a member of a rifle club or association can only possess a third firearm for target practice with a license under Section 13, and cannot possess it at all times. The court also highlighted the grammatical meanings of the terms 'acquire', 'possess', and 'use' in the Act, and concluded that the possession of a third firearm is limited to specific purposes and periods.
Fact of the Case:
The case involved a challenge to a communication requiring the Appellant to deposit his third firearm, a .22 bore rifle, under Section 3(2) of the Arms Act. The Appellant contended that the .22 bore rifle was excluded from the ambit of Section 3(2) and sought to retain it.
Finding of the Court:
The court upheld the interpretation that the Appellant was liable to surrender his third firearm, a .22 bore rifle, and could only borrow it for specific purposes such as participation in competitions or target practice.
Issues: The main issue was whether the Appellant was liable to surrender his third firearm, a .22 bore rifle, under Section 3(2) of the Arms Act, and whether the .22 bore rifle was excluded from the ambit of the Act.
Ratio Decidendi: The court's decision was based on the interpretation of the provisions of the Arms Act, particularly Section 3(2) and 3(3), and the limited permission for possession of a third firearm by members of rifle clubs or associations for specific purposes with a license under Section 13.
Final Decision: The review petition was dismissed as the court found no error apparent on the face of the record, and the arguments presented did not warrant a review.
JUDGMENT (Oral)
REVIEW PET. 142/2023
1. The instant Review Petition has been filed by Respondent No.4 against Order dated 13.04.2023, passed by this Court dismissing the appeal filed by the Appellant herein.
2. LPA 532/2022 arises out of Order dated 01.08.2022, passed by the learned Single Judge in W.P.(C) No.11410/2021 dismissing the Writ Petition which was filed by the Appellant herein challenging the communication dated 31.08.2021 issued by the Office of the Additional Commissioner of Police (Licensing) informing the Appellant herein that under Section 3(2) of the Arms Act an individual cannot carry or possess more than two fire arms and directed the Appellant to deposit his third fire arm with the jurisdiction of Police Station or with an authorized arms dealer within 15 days of receipt of the communication. The learned Single Judge dismissed the Writ Petition vide Order dated 01.08.2022 and the same was sought to be challenged in LPA 532/2022. This Court, vide Order dated 13.04.2023, dismissed the appeal by holding as under:
"31. Section 3(2) of the Arms Act deals with two categories of persons on whom embargo of Section 3(3) of the Act shall not apply. The first category being a dealer of firearms who can acquire and possess more than two firearms, however, as regards the second category, i.e. a member of rifle club or association recognized by the Central Government, is concerned, the Arms Act provides that such a member can use the third firearm for target practice. The short question which arises for consideration is as to whether the permission to use the third fire arm which can only be a .22 bore rifle or an air rifle for target practice would permit a member of the rifle club or association to acquire, possess and carry the third firearm at all times or not. At this juncture it is apposite to peruse Section 13 of the Arms Act which deals with grant of license. Section 13 of the Arms Act reads as under:
"13. Grant of licences.-(1) An application for the grant of a licence under Chapter II shall be made to the licensing authority and shall be in such form, contain such particulars and be accompanied by such fee, if any, as may be prescribed.
[(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.
(2-A) 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 licence 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 deems fit, make such order, after the expiry of the prescribed time, without further waiting for that report.]
(3) The licensing authority shall grant -
(a) a licence under Section 3 where the licence 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 a 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 a muzzle loading gun will not be sufficient for crop protection, the licensing authority may grant a licence in respect of any other smooth bore gun as aforesaid for such protection, or
(ii) in respect of a [firearm] to be used for target practice by a member of a rifle club or rifle association licensed or recognised by the Central Government;
(b) a licence under Section 3 in any other case or a licence under Section 4, Section 5, Section 6, Section 10 or Section 12, if the licensing authority is satisfied that the person by whom the licence is required has a good
AI
The central legal point established is that members of Rifle Clubs or Associations licensed or recognized by the Central Government are exempt from the restriction on the possession of more than two ....
Authority must justify restrictions on firearm licenses according to the Arms Act.
The central legal point established in the judgment is the entitlement of a renowned shooter to possess additional arms and ammunition as per the Arms Act and Rules.
A minor can use firearms for training under the Arms Act but must hold a valid Arms Licence, regardless of exemptions for renowned shooters.
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