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RAJIV SHAKDHER, AMIT BANSAL
Rajesh Kumar Lalan Goswami – Appellant
Versus
Union of India – Respondent
JUDGMENT
Rajiv Shakdher, J. (Oral) - The petitioner claims to be the importer of guns, which are used for TV shows, films, and theatrical performances.
2. It is the petitioner's case that since the guns imported do not release a projectile, they do not fall within the purview of the definition of "firearms" as provided under Section 2(e) of the Arms Act, 1959 [in short, "1959 Act"].
2.1. Based on this line of argument, it is also argued by Mr Chinmoy Pradeep Sharma, learned senior counsel, who appears on behalf of the petitioner, that there is, in fact, no requirement for the petitioner to obtain a license for the acquisition of guns in issue, as the provision made in that behalf in the 1959 Act, which is embedded in Section 3, concerns only a firearm.
3. Mr Sharma also claims that, although the license for arms and ammunition used for theatrical performances, films, and television productions is required to be obtained under Rule 42 of the Arms Rules, 2016 [in short, "2016 Rules"], an exemption notification dated 18.07.2016 has been issued for "firearm replicas".
3.1. In sum, it is the petitioner's case that the guns imported by him stand on the same footing as firearm replicas since t
The interpretation of the definition of 'firearms' under the Arms Act, 1959 and the exemption notification for 'firearm replicas' under the Arms Rules, 2016.
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....
A minor can use firearms for training under the Arms Act but must hold a valid Arms Licence, regardless of exemptions for renowned shooters.
The eligibility of a sportsman to import specific firearms is determined by the Arms Act, 1959 and its prescribed criteria, including the Minimum Qualifying Score and participation in specific shooti....
The central legal point established in the judgment is the requirement of conscious possession and the need for the accused to establish lack of awareness or inadvertent possession to avoid trial in ....
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