Refusal to renew a license is equivalent to refusing to grant a license, making it appealable under the Arms Act.

J U D G M E N T

The short issue that falls for consideration in this writ petition is whether an order refusing to renew a licence issued under the Arms Act, 1959 (the Act) is appealable under Section

18 of the Act.

2. The petitioner is a farmer holding a large extent of property. He is cultivating rubber, coconut, arecanut, plantain, tapioca etc. According to him, animals like pig, porcupine etc. are a constant threat to the activity of the petitioner as they often destroy the crops. Faced with this situation, it is stated that the petitioner had applied for, and obtained a gun licence under the Act during 1983 for a period of three years and the same was being renewed from time to time till 10.5.2016. It is also stated that when the petitioner preferred an application for renewal of the licence for a further period of three years from 10.5.2016, the same was rejected by the licensing authority, as per Ext.P5 order, holding mainly that the petitioner is aged and he cannot, therefore, handle the weapon safely. It is also stated in Ext.P5 order that the tensed political situation and Maoist sightings within the station limits are matters of concern and therefore, the chances of misuse of the weapon by anti-social elements cannot also be ruled out. The petitioner is aggrieved by Ext.P5 order and hence, this writ petition.

3. When the writ petition came up for admission, a doubt arose as to whether an appeal would lie against the order impugned in the writ petition. As the said question was relevant for taking a decision as to whether the writ petition should be entertained, the learned counsel for the petitioner was requested to make his submissions on the said question. The learned counsel for the petitioner as also the learned Government Pleader were, accordingly, heard on that question.

4. Sub sections (1), (2) and (2A) of Section 13 of the Act dealing with the grant of licences, read as follows:

13. Grant of licences : (1) An application for the grant of a licence under Chapter II shall be made to the licensing authority and shall be in such form, contain such particulars and be accompanied by such fee, if any, as may be prescribed. (2) On receipt of an application, the licensing authority shall call for the report of the officer in charge of the nearest police station on that application, and such officer shall send his report within the prescribed time.

(2A) The licensing authority, after such inquiry, if any, as it may consider necessary, and after considering the report received under sub-section (2), shall, subject to the other provisions of this Chapter, by order in writing either grant the licence or refuse to grant the same:

Provided that where the officer in charge of the nearest police station does not send his report on the application within the prescribed time, the licensing authority may, if it deems fit, make such order, after the expiry of the prescribed time, without further waiting for that report.

Section 14 of the Act dealing with refusal of licences, reads as follows :

“14. Refusal of licences – (1) Notwithstanding anything in section 13, licensing authority shall refuse to grant-

(a) a licence under section 3, section 4 or section 5 where such licence is required in respect of any prohibited arms or prohibited ammunition;

(b) a licence in any other case under Chapter II, -

(i) where such licence is required by a person whom the licensing authority has reason to believe -

(1) to be prohibited by this Act or by any other law for the time being in force from acquiring, having in his possession or carrying any arms or ammunition, or (2) to be of unsound mind, or (3) to be for any reason unfit for a licence under this Act; or (ii) where the licensing authority deems it necessary for the security of the public peace or for public safety to refuse to grant such licence.

(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 sufficien