The genuineness of the need for a rifle is not a ground for refusing a license under Section 14 of the Arms Act, 1959.

( 1 ) THIS writ petition has been filed by the petitioner Ram Khelawan Misra, a resident of village samgara Tahsil and Police Station Baberu district Banda, against the orders passed by the district Magistrate, Banda, dated 12th Jan. 1979 and the Commissioner, Jhansi Division, jhansi, dated 30th Mar. 1979 refusing to grant a licence for a rifle to the petitioner. The petitioner has challenged the order passed by the District Magistrate on the ground that the order is not in accordance with law and the reason given by the District Magistrate that the need of the applicant is not genuine is not a valid ground for refusing the licence. The order of the commissioner in appeal has also been challenged on the same ground.

( 2 ) A counter affidavit has been filed on behalf of the respondents in which ii was stated that the impugned order was passed after carefully going through the record and after hearing the learned counsel for the petitioner and keeping in view all facts and circumstances of the case. In the rejoinder affidavit, it has been re-asserted that the need of the petitioner was genuine, as the rifle was required for the protection of his life and property.

( 3 ) I have heard the learned counsel for the petitioner and the Standing Counsel and perused the material on the record.

( 4 ) A person wanting to possess a fire-arm must obtain a licence for the same. He has to apply for the licence to the licensing authority for the grant of a licence in the prescribed form. Section 13 (2) of the Arms Act, 1959 makes it clear that on receipt of an application the licensing authority after making such enquiry as may be necessary and subject to the provisions of Chap. III may grant or refuse to grant the licence. It is incumbent that the order is passed in writing. Subject to the above, the licensing authority is required to issue a licence under Section 3 of the Arms Act, 1959, hereinafter referred to as the Act, where the licence is required by a citizen of India in respect of a smooth bore gun having a barrel of not less than twenty inches in length to be used for protection or sport or in respect of a muzzle loading gun to be used for bona fide crop protection, or in respect of a point 22 bore rifle or an air rifle to be used for target practice by a member of a rifle club or rifle association licensed or recognised by the Central Government. He is also required to issue a licence in respect of a fire arm other than the above if the licensing authority is satisfied that the person by whom the licence is required has good reason for obtaining the same. Section 13 (2) of the Act speaks of smooth bore gun and a muzzle loading gun and point 22 bore rifle or an air rifle. It does not speak of a rifle. A rifle is not a smooth bore gun. Therefore, in respect of a rifle or for that matter any of the arms which comes under the provisions of Section 4 or a licence for the manufacture, sale, etc. of arms and ammunition as mentioned in Section 5 or a licence for the shortening of guns or conversion of imitation firearms into firearms mentioned in Section 6 or a licence for import or export of arms or for transporting of arms, the licensing authority has to be satisfied that the person asking for the licence has a good reason for obtaining the same. It is obvious from the above that the grant of a licence in the case of a smooth bore gun stands on a different footing than that of a rifle. In the case of a smooth bore gun all that a person has to satisfy the licensing authority is that it is required for protection or sport. In the case of a rifle the applicant has to satisfy the licensing authority that he has a good reason for obtaining the rifle.

( 5 ) IN the present case, the petitioner has asked for a licence for a rifle. He was, therefore, required to show a good reason for obtaining the same. Section 14 of the Act lays down the grounds for refusal of the licence. Section 14 of the Act reads as follows:--

"14. Refusal of li