- (1.) Heard Sri R.C. Pal, learned counsel for the petitioner and learned Standing Counsel for the respondents. The petitioner has challenged the order dated 19.06.2009 passed by the District Magistrate refusing to grant fire arm licence to him under Section 14 of the Arms Act, 1959 (hereinafter referred to as the Act) and the appellate order dated 05.07.2013 passed by the Commissioner of the Division affirming the same. The father of the petitioner was having S.B.B.L. gun and a licence to hold the same. He died on 03.02.2005. On his death the fire arm was surrendered on 27.08.2008 and thereafter petitioner applied for a licence to possess the same. The application has been rejected on the ground that as the petitioner has allegedly kept the firm arm for more than three years with him after the death of his father he has committed an offence under Section 25 of the Act and as such is not entitle to the licence. The order has been affirmed by the appellate court holding that the petitioner has no fundamental right to possess a firm arm licence.
(2.) In other words, the licence has been refused to the petitioner for two reasons namely (i) he has committed an offence under Section 25 of the Act by not depositing the fire arm immediately on the death of his father; and (ii) that he has no fundamental right to carry a fire arm. Section 14 of the Act provides for the grounds on which the licencing authority can refuse to grant a licence to possess a firearm.
(3.) It provides that the licencing authority shall refuse to grant licence as completed under Sections 3, 4 & 5 if it is required in respect of any prohibited arms or ammunition. In respect of other arms and ammunition which are not prohibited the licence can be refused on the following grounds:- (i) where the licencing authority has reason to believe that the person applying is prohibited under the Act or any other law from possessing or carrying any arms or ammunition; (ii) where the person applying is of unsound mind; or (iii) where the person for any reason is unfit for a licence under the Act; and (iv) where the licencing authority deems it necessary that for the security of the pubic peace or for public safety that the licence should not be granted to the person concerned.;