HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.15780 OF 2023 ORDER : (ORAL)

This writ petition is filed by the petitioner seeking to declare the impugned Memo No.458/Arms/2023 dated 08.06.2023, as being, illegal, arbitrary and contemptuous, being contrary to the directions passed by this Court by the order dated 31.10.2022 in W.P. No.5858 of 2018.

2. It is submitted that the petitioner was granted arms licence in 1991 for possessing three (3) weapons i.e. 32 NPB revolver, 12 Bore DBBL gun and 22 rifle vide arms licence No.596/B'Hills. In 2011, the petitioner submitted renewal application dated 04.05.2012 and the same was rejected on the ground that his brother by name Mr. Ahmed Bin Salam was involved in eight (8) crimes and that the weapons of the petitioner were used in commission of such crimes; that the brother of the petitioner is a rowdy sheeter. It is submitted that show cause notice dated 26.05.2011 was issued to the petitioner calling upon his to submit his explanation as to why his arms licence should not be cancelled, since his brother used to collect the weapons and commit offences. Order No.HW3/Arms/596/ Banjara Hills, dated 19.07.2012 was passed by the Commissioner of Police, Hyderabad cancelling the arms licence and the same was challenged by the petitioner in W.P. No.24953 of 2012 wherein this Court set aside the order dated 19.07.2012 and remanded the matter to the Commissioner of Police, Hyderabad. Thereafter, the Commissioner of Police passed the order No.L&O/A8/801/2013, dated 27.03.2014, rejecting the renewal application of the petitioner of on the very same ground.

3. It is stated that the petitioner field W.P. No.28602 of 2016 before this Court challenging the order dated 27.03.2014 passed by the Commissioner of Police, and the same was disposed of directing the petitioner to file an appeal under Section 17 of the Arms Act, 1959 ('for short 'Act'). The appeal filed by the petitioner was rejected by the respondent vide Memo No.18496/Arms/2016 dated 06.01.2018 on the same ground. Subsequently, the petitioner filed W.P. No.5858 of 2018 before this Court and the order dated 31.10.2022 was passed directing the respondent to consider the renewal application of the petitioner without reference to the order dated 06.01.2018. Final order dated 08.06.2023 vide Memo No.458/ Arms/2023 again rejecting the application of the petitioner on the very same ground that his brother, who is a rowdy sheeter, is involved in criminal cases and that he used the petitioner's weapon in commission of offences and there is threat to public law and order and there is no threat perception to the petitioner.

4. Learned counsel for the petitioner submitted that the impugned order is in principles of natural justice and it is a mockery of the order dated 31.10.2022 passed by this Court in W.P. No.5858 of 2018. The weapon of the petitioner was lying in the safe deposit since 2021 and there is no evidence to show that the brother of the petitioner used the weapon for committing the alleged offences. In fact, the brother of the petitioner was acquitted in all the criminal cases and the rowdy sheet which was opened against him was also closed by the order dated

15.04.2015 passed by this Court in W.P. No.3009 of 2015.

5. In the counter affidavit filed by the respondent, it is contended that Mr. Ahmed Bin Salam, the brother of the petitioner, was involved in several criminal cases and in one criminal case, he confessed that after seizure of his weapon by the Police, he has been using the weapon of the petitioner to threaten the counterpart in his criminal activities from which, it is clear that the petitioner did not keep his weapon in a secured place and the same attracts condition contemplated under Section 17(3)(b) of the Act. Further enquiry revealed that the petitioner does not have any threat perception from anybody and there is no genuine requirement of a weapon as per Section 17(3)(a) of the Act. In view of the order dated 31.10