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2021 Supreme(Ker) 84

P.V.ASHA
PRADEEP RAO M. , AGED 40 YEARS S/O. KRISHNA RAO – Appellant
Versus
THE DISTRICT COLLECTOR, KASARAGOD, CIVIL STATION, VIDYANAGAR – Respondent


Advocates appeared:
For the Petitioner:SRI.T.MADHU SMT.C.R.SARADAMANI SRI.SHAHID AZEEZ SMT.CHANDRALEKHA SANU, Advocates
For the Respondents: SHRI.MURALI PURUSHOTHAMAN, SC

JUDGMENT

1. Petitioner is having valid arms' licence issued as per Ext.P2 and renewed as per Ext.P3 for the period upto 30.09.2022. His complaint is that on the basis of a direction issued by the 3rd respondent he had to surrender the licenced firearm before the 3rd respondent on 13.11.2020 i.e., before the election to the local bodies was held. It is stated that though it was given back to the petitioner on 04.01.2021, 3 rd respondent again asked him to surrender it and he had to surrender the same again on 05.02.2021 for which Ext.P5 receipt was issued.

2. Petitioner points out that the action of the 3rd respondent is illegal as it is contrary to the provisions in the circular issued by the Election Commission as well as the judgments of this Court.

3. The learned Government Pleader on instructions submitted that the said action is to ensure a serene atmosphere for the ensuing election.

4. Heard the learned Counsel on both sides.

5. This Court has time and again cautioned that the police officers do not have any authority to require deposit of licensed arms and that a decision regarding the requirement of deposit of licensed arms in view of upcoming elections can only be taken by the

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