JUDGMENT

V.K. Jain, J. (Oral)

CM No.13137/2013 (Exemption)

Allowed subject to just exceptions.

WP (C) No.5959/2013

1. The petitioner before this Court, who is a Doctor by profession, applied for grant of a fire arm licence for his personal safety. The said application was rejected vide order 26.12.2012, of the Licensing Authority without giving any opportunity of hearing to the petitioner. Being aggrieved from the rejection of his application, the petitioner preferred an appeal before the Lieutenant Governor of Delhi. After hearing the petitioner through his counsel, the appeal was dismissed on the ground that there was no specific threat to the petitioner's life or property, which would justify the grant of an arms license to him. During the course of arguments, the learned counsel for the petitioner contended before the Lieutenant Governor that sometimes the petitioner has to visit patients very late in the night and, therefore, he had applied for an arms licence for self-protection. This contention, however, did not find favour with the Appellate Authority. Being aggrieved from rejection of his appeal, the petitioner is before this Court by way of this writ petition.

2. A similar issue came up for consideration before this Court in WP (C) No.1631/2012 titled Vinod Kumar Vs. The State & Ors. decided on 9.9.2013. The application of the petitioner in that case, for grant of an Arms Licence was rejected on an identical ground, i.e., he did not have any specific threat. Allowing the writ petition, this Court inter alia held as under:

"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