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IN THE HIGH COURT OF KERALA AT ERNAKULAM
VIJU ABRAHAM, J
Renjith K.S. S/o K.S Kuttappan – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
VIJU ABRAHAM, J.
The above writ petition is filed challenging Exts.P39 and P40 proceedings of the 3rd respondent. Petitioner has also sought for other consequential reliefs.
2. Brief facts necessary for the disposal of the writ petition are as follows: Petitioner is a person who is very much interested in participating in target practice, by using revolver and rifle and also a member of the Rifle Club Association. Petitioner is issued with Ext.P7 licence for the possession of a firearm with weapon specification as .022 Bore SBBL rifle. Later petitioner added additional firearms to his parent licence and all such licences are renewed from time to time. It is contended that the petitioner is in possession of three weapons, i.e., .032 Bore revolver, .12 bore DBBL gun and .22 Bore SPBL rifle as evident from Ext.P8 renewed arms licence. Petitioner during Covid-19 pandemic returned back to his native place from his employment in UAE and thereafter he participated in several activities connected with rifle club and shooting target practice. Based on the Government Orders issued for controlling problematic wild boars which destroy agricultural crops and also cause threat to human l
The court held that a firearm licensee may surrender firearms to a licensed dealer, and the principles of natural justice require an opportunity to be heard before revocation of a license.
Authorities must adhere to the Arms Act by providing compelling evidence before cancelling or denying renewal of an arms license, and mere involvement in a criminal case is insufficient to justify su....
The court emphasized the necessity of wrongful intention for the offence under the Arms Act and the requirement of renewal of the license as per the legal provisions.
A firearm licence cannot be cancelled without prior notice to the holder, especially when no conviction has occurred.
The possession of an arms license is a statutory privilege, not a fundamental right, with revocation permissible under the Arms Act if deemed necessary for public safety.
Renewal of an arms licence can be denied based on public safety concerns and the applicant's criminal conviction, emphasizing the need for timely applications.
Authorities must substantiate violations of licensing rules with clear evidence; arbitrary cancellation of arms licence based on unfounded allegations is unlawful.
The court determined that license cancellation under Rule 32 requires clear evidence of violations, which were absent in this case.
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