Rajiv Sharma, J. - (1.) THE petitioner filed an application before the Addl. District Magistrate, Una, seeking licence of revolver vide Annexure P -2 on 20.10.2014. The Superintendent of Police, Una, sent the report to the Addl. District Magistrate, Una on 11.11.2014. According to the contents of the report, there was nothing adverse against the petitioner in the police report and there was no specific threat to him. According to the report of the Pradhan, Gram Panchayat Ambota, the petitioner bore a good moral character. It was also specifically stated therein that local police had no objection if arms licence is issued to the petitioner, as per the rules and instructions. Thereafter, the Superintendent of Police, Una, sent the second report to Addl. District Magistrate, Una on 8.12.2014 stating therein that a case has been registered against the petitioner vide FIR No. 273/14 dated 19.9.2014 under Section 325/34 IPC. The matter was under investigation. There was no specific threat to him. According to the report of the Pradhan, Gram Panchayat, Ambota, the petitioner was residing at Khel Saddan, Indira Ground, Una. Thereafter, the Addl. District Magistrate, Una, sought the guidance from Secretary (Home), to the Government of Himachal Pradesh, vide communication dated 29.12.2014. The case of the petitioner was rejected vide Annexure P -3 dated 4.2.2015. The petitioner was informed by the Addl. District Magistrate, Una, on 3.3.2015 that his case stood rejected in view of FIR registered against him under Section 325/34 IPC.
(2.) SECTION 2(d) of the Arms Act, 1959 (hereinafter referred to as the Act), defines "District Magistrate" as under: "2(d). "district magistrate", in relation to any area for which a Commissioner of Police has been appointed, means the Commissioner of Police thereof and includes any such Deputy Commissioner of Police, exercising jurisdiction over the whole or any part of such area, as may be specified by the State Government in this behalf in relation to such area or parts;" Section 2(f) of the Act, defines "licensing authority" as under: "2 (f) "licensing authority" means an officer or authority empowered to grant or renew licences under rules made under this Act, and includes the Government;"
(3.) THE grant of licences is governed under Section 13 and the refusal of licences is governed under Section 14 of the Act. There is a reference to the communication dated 31.3.2010 sent by the Ministry of Home Affairs to all the Secretaries (Home Department), of all the States/UTs, under the subject; "Grant of Arms Licences for acquisition/possession of arms". Sub para (ii) of the same reads as under: "ii) Grant of Arms Licence for Non -Prohibited Bore (NPB) weapons. The Arms Licences for acquisition of NPB weapons are considered by the State Government/DM concerned. At present, there are no norms for grant of NPB weapons and some State Governments may be issuing arms licences liberally. It has been decided that: - - a) Application for grant of NPB arms licences may be considered from persons who may face or perceive grave and imminent threat to their lives, for which the licensing authority will obtain an assessment of the threat faced by the persons from the police authorities. b) No licence may be granted without police verification, which will include report on i) antecedents of the applicant, ii) assessment of the threat, iii) capability of the applicant to handle arms, and iv) any other information which the police authority might consider relevant for the grant or refusal of licence. Further that the steps are being taken by Ministry of Home Affairs to delete the proviso to Sec. 13(2A) of the Arms Act, 1959. c) The Police authorities may be advised to send the Police report within 45 days positively falling which the Police officials concerned may be liable for action. d) The licensing authority may call for any information/documents such as Voter ID card, ration card or any other document which it may consider necessary to verify the bonafides of the applicant and to ensure that the applicant resides within its jurisdiction. e) The licensing authority shall be obliged to take into account the report of police authorities called for under section 13(2) before granting arms licenses and no arms licence may be issued without police verification.";