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2011 Supreme(All) 3011

SUNIL HALI
GAURAV SHARMA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Sudhanshu Singh for the Petitioner; C.S.C. for the Respondents.

JUDGMENT

Hon’ble Sunil Hali, J.—The Arms Act 1959 was enacted to regulate the acquisition, possession or carrying of fire-arms and ammunition and to provide punishment for contravention of the statutory provisions. The statement of objects and reasons appended to the Act indicates that the rigours of the Arms Act, 1878 and rules thereunder continue to make it difficult for law abiding citizens to possess fire-arms for self-defence whereas terrorists, dacoit-gangs and other anti-social or anti-national elements were using not only civilian weapons but also bombs, hand-grenades, bren-guns, sten-guns, 303 bore service rifles and revolvers of military type, for perpetrating heinous crimes against society and the State, therefore, it was only to codify the law relating to the possession of arms that the Act was enacted. It is also well settled law that right to life is the fundamental right guaranteed under Article 21 of the Constitution of India. In case, a citizen feels that he requires fire-arm for his personal security, then it is bounden duty of the authority concerned to consider and decide the application in accordance with law, within a reasonable time.

2. The petitioner’s applic

































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