The main legal point established in the judgment is that the reasons for refusal of an arms licence must align with the grounds specified in Section 14(1) and (3) of the Arms Act, and statutory provisions override instructions or policies.

JUDGMENT

Jaishree Thakur, J. - The petitioner by way of instant writ petition has challenged the order dated 23.02.2017 passed by respondent No.3 whereby his application for grant of arms licence has been rejected and the order dated 06.03.2019 passed by respondent No.2 vide which appeal preferred by the petitioner against the order dated 23.02.2017 also stood dismissed.

2. In brief, facts as enumerated in the writ petition are that the petitioner on 24.11.2016 had submitted application before the competent authority for an arms licence along with certificate of training as well as the medical report, on which report of the district police was called for by respondent No.3. Deputy Superintendent of Police Barnala as well as SHO, P.S. City Barnala vide report dated 14.12.2016 recommended the case of the petitioner for grant of arms licence, however, respondent No.3 vide order dated 23.02.2017 rejected the application of the petitioner on the ground that he has not shown or proved any extra-ordinary ground for grant of arms licence. The appeal preferred against the aforesaid order before respondent No.2 also stood dismissed by observing that the petitioner has failed toadduce any evidence to prove that his life is in danger and he needs a weapon for his self-protection and therefore, aggrieved against the same, petitioner has approached this Court in the instant petition.

3. Learned counsel appearing for the petitioner would contend that despite recommendation of Deputy Superintendent of Police, Barnala, the licensing authority rejected the application of the petitioner in an illegal and arbitrary manner. It is further contended that the grounds on which the licensing authority can refuse to grant licence have been laid down in Section 14 of the Arms Act and while doing so, it is bound to record reasons for such refusal and since respondent No.3 has refused to grant fire arm licence to the petitioner on grounds which are not enumerated in Section 14 of the Act, the order rejecting the petitioner's application for grant of licence is not sustainable at all.

4. Per contra, learned counsel appearing for the respondent-State would support the impugned orders by contending that the licensing authority may refuse grant of licence in case person does not have any threat perception and relies upon the instructions dated 31.03.2010. The licensing authority after considering the material before it came to the conclusion that the petitioner has not shown or proved any extraordinary reason for grant of arms licence and therefore, there is no infirmity in the orders passed.

5. Learned counsel for the petitioner in response to the reliance placed upon the instructions dated 31.03.2010 by the learned counsel appearing for the State would refer the judgment rendered by a Coordinate Bench of this Court in CWP No.17265 of 2015 titled as Sisan Pal Vs. District Magistrate-cum-Deputy Commissioner, Barnala and another decided on 11.01.2017 wherein while holding that instructions cannotoverride the statutory provisions of law, this Court had set aside the impugned orders based on the instructions dated 31.03.2010. 6. I have heard learned counsel for the parties and have perused the paper book. Rule 14 of the Arms Act, 1959 enumerates the grounds on which the licensing authority can refuse grant of arms licence and the same is reproduced as under:-

"14. Refusal of licences. (1) Notwithstanding anything in section 13, the licensing authority shall refuse to grant-fa) 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,-

(1) where such licence is required by a person whom the licensing authority has reason to believe-

(1) to be prohibited by this Act or by any other law for the time being in force from acquiring, having in his possession or carrying any arms or ammunition, or

(2) to be of unsound mind, or

(3) to be for any reaso