ARUN TANDON, J. - (1.) PETITIONERS , who are two in number, before this Court claim to have been granted Firearms' Dealer Licence by the State of U.P. They seek quashing of the Government Order dated 14.1.1998 and that dated 3rd September, 2007, Under the aforesaid Government Order it has been provided that Form-16 should not be permitted to be used for the purposes of transfer of arms and ammunition from one State to another within the territories of India.
(2.) COUNSEL for the petitioner made an attempt to challenge the aforesaid Government orders with reference to Rule 31 of the Arms Rules, 1962 and suggested therein that the word 'import' as means transport of the arms and ammunitions from one State to another State within the territories of India and therefore the Government Order dated 3.9.2007 and 14.1.2008 run contrary to the Statutory Rule. The contention so raised is totally misconceived. Import, as mentioned in Rule 31, has to be read along with Section 10 of the Arms Act, which provides for grant of licence for import of the arms etc. Section 10 of the Arms Act read as follows: "10. Licence for import and export of arms, etc.-(1) No person shall bring into, or take out of, India by sea, land, or air any arms or ammunition unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made thereunder: Provided that: (a) a person who is entitled by virtue of this Act or any other law for the time being in force to have, or is not prohibited by this Act or such other law from having, in his possession any arms or ammunition, may without a licence in this behalf bring into, or take out of, India such arms or ammunition In reasonable quantities for his own private use; (b) a person being a bona fide tourist belonging to any such country as the Central Government may, by notification in the official Gazette, specify, who is not prohibited by the laws of that country from having in his possession any arms or ammunition, may, without a licence under this section but in accordance with such conditions as may be prescribed, bring with him into India arms and ammunition in reasonable quantities for use by him for purposes only of sport and for no other purpose. (2) Notwithstanding anything contained in the proviso to sub-section (1) where the Commissioner of Customs or any other officer empowered by the Central Government in this behalf has any doubt as to the applicability of clause (a) or clause (b) of that proviso to any person who claims that such clause is applicable to him, or as to the reasonableness of the quantities of arms or ammunition in the possession of any person referred to in such clause, or as to the use to which such arms or ammunition may be put by such person, may detain the arms or ammunition in the possession of such person until he receives the orders of the Central Government in relation thereto. (3) Arms and ammunition taken from one part of India to another by sea or air or across any intervening territory not forming a part of India, are taken out of, and brought into, India within the meaning of this section."
(3.) FROM Section 10 of the Arms Act it is apparently clear that it contemplates bringing of arms and ammunition within the country of India from outside the country. Consequently, the State Government is justified in issuing the Government Orders dated 14.1.1998 and dated 3.9.2007 restraining the issuance of the Form-16 for transfer and acquisition of the arms and ammunition within the territories of India or for transporting the same from one State to another within the country.;