S.18 Arms Act | No Appeal Lies Against Issuance Of Arms Licence: Rajasthan High Court

Notably, section 18 of the Arms Act states that 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 and within such period as may be prescribed.

Justice Vijay Bishnoi observed,

"A bare perusal of Section 18 of the Act of 1959 clearly reveals that any person can file appeal under the said provision being aggrieved with the action of the licencing authority of refusing to grant a licence or varying the condition of licence or against the order of suspension or revoking of licence. There is no provision where appeal can be entertained under Section 18 of the Arms Act against the order of issuance of arms licnece."

Essentially, petitioner had challenged the judgment of Divisional Commissioner, Udaipur whereby while entertaining the appeal under Section 18 of the Arms Act, 1959, he cancelled the arms licence issued in favour of the petitioner by the District Magistrate, Banswara.

It was stated therein that the District Magistrate was on leave on that day and the charge was given to the Chief Executive Officer of the Zila Parishad, Banswara, who was not authorised to issue arms licence and, as such, the licence issued in favour of the petitioner was by an unauthorised person, and therefore, the same is illegal and liable to be cancelled.

The court ruled that the appeal filed by the District Magistrate before the Divisional Commissioner, Udaipur under Section 18 of the Act of 1959 challenging the issuance of arms licence in favour of the petitioner was not maintainable. The court also observed that the respondents failed to satisfy the court that the appeal preferred on behalf of the District Magistrate under Section 18 of the Act of 1959 before the Divisional Commissioner was maintainable.

It directed the respondents-state to return arms licence to the petitioner forthwith. However, if there is any discrepancy in issuance of arms licence to the petitioner, the competent authority is at liberty to take appropriate action under the provisions of Act of 1959 after providing opportunity of hearing to the petitioner, added the court.

The petitioner contended that the appeal under Section 18 of Act of 1959 can only be filed by a person, who is aggrieved by the order of the licencing 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. It was submitted that as per Section 18 of the Act of 1959, no appeal can be preferred challenging the issuance of arms licence in favour of any person.

The counsel for the respondents submitted that the arms licence was issued in favour of the petitioner by an unauthorized person, hence, the same is liable to be cancelled.

Adv. Lakshya Singh Udawat appeared for the petitioner while Dy. GC R.D. Bhadu with Adv. Harshit Bhurani appeared for the respondents.

Case Title: Ramesh Chandra Patel v. State Of Rajasthan & Ors.

Citation: 2022 LiveLaw (Raj) 215