Supplementary List-II Serial No.139 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case:- WP(C) No.2376/2025 c/w WP(C) No.1042/2025 M/s Santokhoo Gun Work ….. Petitioner(s)

Through: Mr. Jasbir Singh Jasrotia, Advocate Mr. Sachin Gupta, Advocate Vs Union of India & Ors.

.….Respondent(s)

Through: Ms. Nazia Fazal, Advocate vice Mrs. Monika Kohli, Sr. AAG Coram: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE

ORDER

(09.12.2025)

1. The subject matter of the present writ petition is identically following the subject matter of a pending writ petition-WP(C) No.1042/2025 in which this Court has come to show indulgence in terms of an order dated 01.07.2025 with respect to which the District Magistrate, Jammu is said to have even acted in compliance to the interim directions given in said order.

2. Mr. Jasbir Singh Jasrotia, Advocate for the petitioner refers to the fact that the present writ petitioner is a gun manufacturing concern holding a valid license No.42/IX/78, which is said to have been first issued way back in the year 1978 and ever since then it is continuing in its validity.

3. The issuance of referred license in favour of the petitioner took place under the Arms Act, 1959 under the spell of the Arms Rules,1962, whereunder the last renewal of license had taken place by an order of the Additional Secretary to Government, Home Affairs, J&K, up to 31.12.2018 whereafter its continuing operation and validity is being governed under the purported effects of communication No.V-11026/72/2018-Arms dated 19.12.2018 from the Ministry of Home Affairs, Government of India addressed to the Chief Secretaries of all the States/UT Administration.

4. The aforesaid communication is relatable to the subject that as under the Repealed Arms Rules of 1962, the issuance of manufacturing arms license used to be in Form IX whereas under the current Arms Rules, 2016, same license is to be obtained in Form VII, for which purpose the requisite process is still in currency and that is how the extension of Form IX licenses issued under the Repealed Arms Rules, 1959 is continuing and so is the case with the manufacturing license of the petitioner.

5. The petitioner’s gun manufacturing license originally obtained in the name of Smt. Shastroo Devi jointly with Shri Kunj Lal and Shri Jagdish Kumar, being sons of said Shastroo Devi.

6. Sumit Dasgotra, now one of two proprietors of the petitioner is son of said Jagdish Kumar, who is now deceased. Sumit Dasgotra and his cousin Vikram Dusgotra, son of Kunj Lal, obtain in the license as successors-in-interest and, thus, the petitioner’s license is in existence by reference to said two persons.

7. The cause of action for the petitioner to come forward with the present writ petition is that as being gun manufacturing concern, the guns produced by it are meant to be sold for which the purchase is made both by persons/concerns in and outside UT of J&K, with respect to which requisite transport license is meant to be issued by the respondent No.3-District Magistrate, Jammu vis-à- vis a purchase order placed by prospective buyer who/which is also equipped with a corresponding ‘No Objection Certificate’ (NOC) issued by the District Magistrate of the concerned district in which the prospective buyer is residing or located and sold consignment is meant to have end destination.

8. In the context of the present case, the petitioner has annexed the NOC (No Objection Certificate) No.DM(IW)/10/16/J(A)/85/Pt-IV(2019) dated 17.09.2024 issued by the District Magistrate, Imphal West, district Manipur in favour of the concern named therein permit it to import the given number of guns mentioned therein from the petitioner.

9. Likewise, NOC No.10023/LPA/E-574960 dated

08.11.2024 issued by the District Magistrate, Gurdaspur (Punjab); and

10. NOC No.717 dated 29.11.2024 issued by the District Magistrate, Moradabad (U.P.), 11. NOC No.2202 dated 12.12.2024 issued by the District Magistrate, Shahjahanpur (U.P.) &

12. NOC No.F.21/JUDL/ARMS/ 43/2024 dated

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