IMPORTANT POINTS
Once the petitioner is issued licence with a validity period of one year, renewal of such licence can also be ordinarily only for the same period. In other words, since the petitioner has been issued with a gun licence with a validity period of one year, future renewal of the licence would also be for one year period, unless the licensing authority for reasons to be recorded in writing otherwise decides. The issuance of fresh licence for the reduced period would therefore be disadvantageous to the licensee.

JUDGMENT :

The petitioner, who is a Form III Arms Licensee under the Arms Act and the Rules, is before this Court seeking to direct the respondent to grant Arms licence for a period of three years from the date of issue of Ext.P2.

2. The petitioner held a gun bearing licence. In the year 2004, the petitioner submitted application seeking renewal of licence. The renewal was declined as a criminal case was pending against the petitioner. Subsequently, the petitioner was acquitted in the criminal case.

3. As the licence of the petitioner was not renewed, the petitioner approached this Court filing W.P.(C) No.2735/2019. In the said writ petition, the respondent submitted that since the application is of the year 2004, no records could be traced out in order to consider the application for renewal of licence. The said writ petition was disposed of by this Court granting liberty to the petitioner to submit fresh application for Arms licence.

4. The petitioner thereupon submitted application for issue of licence. The petitioner submits that the respondent granted him Ext.P2 licence as per proceedings dated 28.11.2019, with a validity of one year. According to the petitioner, the normal period for grant of licence is three years and the respondent committed an illegality in granting a licence for a shorter period of one year. Therefore, the petitioner seeks to direct the respondent to grant licence for a period of three years.

5. The respondent resisted the writ petition filing a statement. The respondent stated that the Central Government had enacted Arms Rules, 2016. Rule 15 emphasises a new Unique Identity Number (UIN) for every valued licence. The rule also directs to keep a record in electronic format in Arms License Issuance System (ALIS) under the Home Department of Central Ministry. According to the respondent, Section 15 of the Arms Act, 1959 deals with duration and renewal of licence. As per Section 15, the duration of renewal of licence is for three years. Since the petitioner's application was not for renewal of an existing licence but for grant of a new licence, the respondent is justified in prescribing a licence for a period of less than three years.

6. The learned Government Pleader pointed out that the petitioner has not exhausted his appellate remedy. The petitioner can very well apply for renewal of gun licence after the expiry of the present licence. Therefore, the writ petition is unnecessary and unwarranted, and is liable to be rejected.

7. Heard learned counsel for the petitioner and learned Government Pleader for the respondent.

8. In short, the argument raised on behalf of the respondent is that as Section 15 of the Arms Act, 1959 relates to duration and renewal of licence, the provision will apply only in cases of renewal of existing licences. Section 15 of the Arms Act, 1959 reads as follows:-

“15. Duration and renewal of licence?(1) A licence under section 3 shall, unless revoked earlier, continue in force for a period of three years from the date on which it is granted:

Provided that such a licence may be granted for a shorter period if the person by whom the licence is required so desires or if the licensing authority for reasons to be recorded in writing considers in any case that the licence should be granted for a shorter period.

Provided further that the licence granted under Section 3 shall be subject to the conditions specified in sub-clauses (ii) and (iii) of clause (a) of sub-section (1) of section 9 and the licensee shall produce the licence along with the fire-arm or ammunition and connected document before the licensing authority after every five years from the date on which it is granted or renewed.

(2) A licence under any other provision of Chapter II shall, unless revoked earlier, continue in force for such period from the date on which it is granted as the licensing authority may in each case determine.

(3) Every licence shall, unless the licensing authority for reasons to be recorded in writing otherwi