Licensing Authority Can Refuse To Grant Arms Licence Only On The Grounds Enumerated In Section 14 Of Arms Licence Act: Punjab And Haryana High Court
Punjab and Haryana High Court while dealing with a petition challenging the order and appeal whereby the application for grant of arms license has been rejected, held that the reasons assigned for dismissing an application cannot be different from the ones prescribed under Clause (a) and (b) of Section 14(1) of the Arms Act, 1959. Moreover, the reasons assigned for...
Punjab and Haryana High Court while dealing with a petition challenging the order and appeal whereby the application for grant of arms license has been rejected, held that the reasons assigned for dismissing an application cannot be different from the ones prescribed under Clause (a) and (b) of Section 14(1) of the Arms Act, 1959.
Moreover, the reasons assigned for dismissing an application for grant of licence cannot be different than the reasons prescribed under Clause (a) and (b) of Section 14(1).
The bench comprising Justice Jaishree Thakur while allowing the petitions held that, it was incumbent upon the licensing authority to assign proper and real reasons, which they failed to do so in the instant case.
In the instant case, the reason assigned by the licensing authority and the appellate authority that there is no evidence to prove that life of the petitioner is in danger and he needs a weapon for self protection are totally in variance to the report submitted by the police and therefore, it was incumbent upon the licensing authority to assign proper and real reasons, which they failed to comply with.
The court further observed that any instruction/policy cannot override the statutory provisions.
Court placed reliance on Section 14 of the Arms Act, 1959 and held that according to the said section, licensing authority can dismiss an application on certain grounds and is obliged to record reasons in writing where it refuses to grant a license however, the supply of said reasons may be denied in the public interest.
Court further noted that the licensing authority can refuse to grant a license only on the grounds enumerated in Section 14 of the Arms Licence Act, 1959. The licensing authority may differ from the report submitted by the in charge of the nearest police station but the same must be based on an independent enquiry done by licensing authority according to the provisions of Section (2A) of Section 13 of the Arms Act.
The licensing authority can refuse to grant licence only on the grounds as enumerated in Section 14 of the Arms Licence Act, which are reproduced in the preceding paragraphs. It is not in dispute that the licensing authority may differ with the report so submitted by the incharge of the nearest police station but the same ought to be based on an independent enquiry done by licensing authority as per the provisions of Section (2A) of Section 13 of the Arms Act and that too, by recording reasons in writing.
Considering the facts of the instant case, the court noted that the reasons assigned by the licensing authority and the appellate authority are totally in variance to the report submitted by the police.
The court concluded that the reasons assigned by the Licencing Authority/Appellate Authority do not satisfy the mandatory requirement of Section 14 (3) of the Arms Act.
As an upshot of my findings, the reasons assigned by the Licencing Authority/Appellate Authority in the impugned orders while refusing to grant licence to the petitioner do not satisfy the mandatory requirement of Section 14 (3) of the Arms Act.
For the reasons discussed above, the court directed the licensing authority to reconsider the application of the petitioner for grant of arms license in accordance with the statutory provision under the Arms Act.
Case Title: Manpreet Singh vs State of Punjab and others
Citation: 2022 LiveLaw (PH) 101
Advocate for the Petitioner: Mr. Hitesh Verma
Advocate for the Respondent: Mr. Ambika Bedi, AAG