The court allows the petitioner to appeal against the rejection of an arms license application, emphasizing the merits of the appeal over procedural limitations.

JUDGMENT

1. The present writ petition has been filed impugning the

decision of the 4 th respondent in Ext.P8 order, whereby the petitioner’s application for Arms license had been rejected by the District Magistrate, Kannur.

2. Section 18 of the Arms Act, 1959 (hereinafter referred to as “the Act” for short) provides for an appeal against in order refusing to grant license and varying the conditions of the license etc. of the Act reads as follows:-

“18. Appeals.

(1) Any person aggrieved by an order of the licensing authority refusing to grant a licence or varying the conditions of a licence or by an order of the licensing authority or the authority to whom the licensing authority is subordinate, suspending or revoking a licence may prefer an appeal against that order to such authority (hereinafter referred to as the appellate authority) and within such period as may be prescribed:Provided that no appeal shall lie against any order made by, or under the direction of, the Government.

(2) No appeal shall be admitted if it is preferred after the expiry of the period prescribed therefor:Provided that an appeal may be admitted after the expiry of the period prescribed therefor if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.

(3) The period prescribed for an appeal shall be computed in accordance with the provisions of the [Indian Limitation Act, 1908 (9 of 1908)][Now see the Limitation Act, 1963 ( 36 of 1963 .], with respect to the computation of periods of limitation thereunder.

(4) Every appeal under this section shall be made by a petition in writing and shall be accompanied by a brief statement of the reasons for the order appealed against where such statement has been furnished to the appellant and by such fee as may be prescribed.

(5) In disposing of an appeal the appellate authority shall follow such procedure as may be prescribed:Provided that no appeal shall be disposed of unless the appellant has been given a reasonable opportunity of being heard.

(6) The order appealed against shall, unless the appellate authority conditionally or unconditionally directs otherwise, be in force pending the disposal of the appeal against such order.

(7) Every order of the appellate authority confirming, modifying or reversing the order appealed against shall be final”.

Considering the remedy of appeal as provides under the Act, this writ petition is disposed of with liberty to the petitioner to file appeal under Section 18 against Ext.P8 order before the appellate authority. If such an appeal is filed within a period of 15 days from today, the appellate authority shall proceed to consider the appeal on merit without going into the question of limitation.