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JAISHREE THAKUR
Manpreet Singh – Appellant
Versus
State Of Punjab – Respondent
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 evide
The Licensing Authority has discretion to grant or refuse an arms licence based on the applicant's demonstrated need and circumstances, which must be assessed appropriately.
Threat perception is not a requirement for granting an arms license under the Arms Act.
The discretionary powers of the licensing authority under section 13 and the mandatory refusal of licences under section 14(1)(b)(ii) for the security of public peace or safety.
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