A licensing authority cannot refuse the renewal of an arms licence based on the non-ownership of property or agricultural land, as Section 14(2) of the Arms Act, 1959, specifically prohibits such grounds for refusal.

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 29/03/2023 PASSED BY THE RESPONDENT NO.2 HEREIN PERTAINING TO FILE NO.MGC/MAG2/ARMS/130/219-MAG2-COMPOL-MGC WITH RESPECT TO THE FIRE ARM LICENSE OF THE PETITIONER BEARING NO.COP/MC/471/2017 (UIN:176900006133302015) WITH RESPECT TO THE NO. 12 BORE SBBL WEAPON NO. 6878/1993 HELD BY THE PETITIONER HEREIN, BEING THE ORIGINAL OF ANNEXURE-A HERETO AND ETC.,

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL ORDER

Petitioner who possessed of a firearm licence is now aggrieved by the impugned Order dated 29.03.2023 passed by respondent No.2 who has declined to renew the licence on the premise that petitioner does not possess agricultural land. Consequently, a mandamus is sought.

Heard learned counsel for the petitioner and learned AGA appearing for the respondents. Perused the records as well as the relevant provisions of Arms Act, 1959 (For short “the Act”).

Before this Court proceeds to examine the legality and correctness of the impugned order passed by respondent No.2 declining renewal of the petitioner’s arms licence, it would be apposite to advert to the statutory framework governing the field. In that view of the matter, Sections 14(2) and 15 of the Act are extracted hereinbelow for ready reference:

"14. Refusal of licences.-

(2) The licensing authority shall not refuse to grant any licence to any person merely on the ground that such person does not own or possess sufficient property.

15. Duration and renewal of licence.-

(1) A licence under section 3 shall, unless revoked earlier, continue in force for a [period of five years] [Substituted 'period of three years' by Act No. 48 of 2019, dated 13.12.2019.] from the date on which it is granted: Provided that such a licence may be granted for a shorter period if the person by whom the licence is required so desires or if the licensing authority for reasons to be recorded in writing considers in any case that the licence should be granted for a shorter period.

[Provided further that the licence granted under section 3 shall be subject to the conditions specified in sub-clauses (ii) and (iii) of clause (a) of sub-section (1) of section 9 and the licensee shall produce the licence along with the firearm or ammunition and connected document before the licensing authority after every five years from the date on which it is granted or renewed.] [Inserted by Act No. 48 of 2019, dated 13.12.2019.]

(2) A licence under any other provision of Chapter II shall, unless revoked earlier, continue in force for such period from the date on which it is granted as the licensing authority may in each case determine.

(3) Every licence shall, unless the licensing authority for reasons to be recorded in writing otherwise decides in any case, be renewable for the same period for which the licence was originally granted and shall be so renewable from time to time, and the provisions of sections 13 and 14 shall apply to the renewal of a licence as they apply to the grant thereof."

It would also be profitable to advert to Rule 14 of the Arms Rules, 2016, which prescribes the procedure and timelines for consideration of applications, including renewal. The same is extracted hereunder:

"14. Time limit for police report for grant of licenses.

(1) On receipt of an application for grant of a license under sub-section (1) of section 13 or every subsequent renewal thereof under section 15, the licensing authority shall call for a report of the officer-in-charge of the nearest police station on that application, and such officer shall send his report in Form S-4, within a period of thirty days from the date of receipt of application by him.

(2) The Central Government may by issuance of a general or special order, extend the period of thirty days as specified in sub-rule (1) up to ninety days for certain areas or St