The granting of arms licenses without proper verification violates statutory provisions, and inaction on prosecution for over a decade infringes the accused's right to a speedy trial.

SANJAY KAROL J.,

Leave granted.

THE APPEAL

2. The Appellant is aggrieved by the High Court of Judicature at Patna’s refusal in exercising its inherent powers under Section 482 of the Code of Criminal Procedure, 1973, Hereinafter referred to as ‘CrPC in terms of judgment and order dated 9^th May 2025, [Impugned judgement] passed in Criminal Miscellaneous No. 62048 of 2023, wherein the prayer was to quash and order taking cognizance dated 1^st June 2022 passed by the learned Chief Judicial Magistrate, Sahasra in connection with Sahasra Sadar P.S Case No. 112 of 2005 dated 24^th April 2005.

FACTUAL ASPECTS

3. As can be seen, the genesis of this case is over twenty years old. It is necessary to recapitulate past events in order to appreciate the context in which the impugned judgement is under challenge before us.

I. The Appellant is an officer of the Indian Administrative Services, Bihar Cadre. He was posted as District Magistrate-cum-Licensing Authority, Sahasra, Bihar, on 24 December 2002 and remained in the possession till his transfer to Banka on 11^th April 2005.

II. The Ministry of Home Affairs, Government of India passed an order vide letter No. 11026/76/2004, directed further streamlining of the procedure of issuance of arms licences. The said letter is extracted hereinunder:

“29^th October, 2004

Sub : Streamlining the procedure of issuing Arms license.

Sir,

I am directed to state that large scale issue of licenses has been reported in certain States. In many cases the licences have been issued to non-resident without proper verification and in some cases the licenses have not been issued by the licensing authority. I order to plug the loopholes in the existing procedure of issuing Arms Licence that have come to light, it has been decided to take the stesp indicated in the succeeding paragraphs.

All arms licences issued between 1994-98 from J&K and between September 1998 to February 2001 from Ferojpur district (Punjab) and submitted at the office of District Collector all over the country for re- registration, reissuance or for any other purpose should be verified to ascertain the bonafide of the licenses and genuineness of the license documents.

Under the provisions of Section 13 (2A) the licensing authority can make such other enquiry as it considers necessary. Necessary instruction may be issued to the District Magistrate to conduct police verification at the place of his stay during the last 3 years, preceding the date of application.

Arms license for the categories of weapons specified in Schedule-II of the Arms Rules 1962, for which D.M. is the licensing authority and not the officers subordinate to him. It may be stated that there is no provision in the Arms Act, 1959 , for delegation of such authority to others for granting arms license.

The licensing authority in the states should be advised to furnish return on the licenses issued on a quarterly basis to the State Home Department for scrutiny on quarterly basis to the State Home Department for scrutiny/Secretary of the Home Department.

A very strict departmental action should be taken wherever any instances of lapse in issuance of arms license comes to the notice of the State Government. The records of all the licenses issued by the licensing authority in the States should be computerized and a mechanism should be put in the place for early warning wherever there is an unprecedent spur in issue of arms license in a particular district.

Action taken in the matters may kindly be intimated to the Ministry. Y