- (1.) This writ petition is directed against the order of District Magistrate dated 27.12.2000, whereby he had rejected the petitioner's application for the licence of firearm, and the orders passed by the Commissioner dated 19.05.2005 and 01.12.2005 dismissing his appeal under Section 18 of the Arms Act, 1959 (for short, the "Act, 1959") and the recall application.
(2.) The essential facts are that the petitioner made an application on 24.02.1992 to the District Magistrate for a firearm licence of DBBL Gun. The District Magistrate rejected his application on the ground he does not possess a safe place to keep the firearm. The District Magistrate has referred his application form, wherein the petitioner himself has admitted this fact. It is also mentioned that the total population of the area is only 6000 and there are already 22 firearm licence granted in the said area.
(3.) Aggrieved by the said order the petitioner preferred an appeal before the Commissioner, who has allowed the appeal and set aside the order of District Magistrate on the ground that application for the firearm licence can be rejected only on the grounds mentioned under Section 14 of the Act, 1959. When the matter was remitted back to the District Magistrate, the District Magistrate rejected the petitioner's application holding that the petitioner failed to satisfy that he needs gun for his security. The incident, which has been referred by the petitioner, was found to be of 1988 and there was no other reason mentioned by the petitioner to justify his need for firearm.;