-----------------------
The petitioner is a business man and the holder of armed licence. The petitioner approached the District Magistrate for renewal of arm licence. This was rejected as per Ext.P1. It is stated in Ext.P1, there is no threat to the life of the petitioner. Thereafter the petitioner challenged Ext.P1 order before the 1st respondent. The 1st respondent also affirmed the stand of the 2nd respondent as per Ext.P2. Challenging the above order the petitioner has approached this Court.
2. The arm licence can be refused in terms of Section 14 of the Arms Act. Section 14 of Arms Act enumerates the following condition for renewing licence. Section 14 is extracted below:
“Notwithstanding anything in section 13, licensing authority shall refuse to grant
a) a licence under Section 3, section 4 or section 5 where such licence is required in respect of any prohibited arms or prohibited ammunition;
b) a license in any other case under Chapter II,-
W.P.(C).No.29693 of 2014
2
i) where such licence is required by a person whom the licensing authority has reason to believe-
1) to be prohibited by this Act or by any other law for the time being in force from acquiring having in his possession or carrying any arms or ammunition, or
2) to be of unsound mind, or
3) to be for any reason unfit for a licence under this Act; or
ii) where the licensing authority deems it necessary for the security of the public peace or for public safety to refuse to grant such licence
2) The licensing authority shall not refuse to grant any licence to any person merely on the ground that such person does not own or possess sufficient property.
3) Where the licensing authority refuses to grant a license to any person it shall record in writing the reasons for such refusal and furnish to that person on demand a brief statement of the same unless in any case the licensing authority is of the opinion that it will not be in the public interest to furnish such statement.”
The grounds referred in the impugned order is not one referable to Section 14. This Court in Muhammed Shafi v. District W.P.(C).No.29693 of 2014
3
Collector [2012 (1) KLT 427] held that application for renewal of arm licence can be rejected only based on the grounds enumerated in Section 14 of the Arms Act.
3. Accordingly there are no other reason in refusing armed licence to the petitioner referable under Section 14 of Arms Act. In view of the above, Ext.P1 set aside. There shall be a direction to the 2nd respondent to renew the arms licence to the petitioner in accordance with law within a period of four weeks from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
A.MUHAMED MUSTAQUE, JUDGE jm/