Arrest of persons conveying arms, etc., under suspicious circumstances

Where any person found carrying or conveying any arms or ammunition whether covered by a licence or not, in such manner or under such circumstances as to afford just grounds of suspicion that the same are or is being carried by him with intent to use them, or that the same may be used, for any unlawful purpose any magistrate, any police officer or any other public officer or any other public servant or any person employed or working, upon a railway, aircraft, vessel, vehicle or any other means of conveyance, may arrest him without warrant and seize from him such arms or ammunition.

Power to demand production of licence, etc

(1) Any police officer or any other officer specially empowered in this behalf by the Central Government may demand the production of his licence from any person who is carrying any arms or ammunition.

(2) If the person upon whom a demand is made refuses for fails to produce the licence or to show that he is entitled by virtue of this Act or any other law for the time being in force to carry such arms or ammunition without a licence, the officer concerned may require him to give his name and address and if such officer considers it necessary, seize from t hat person the arms or ammunition which he is carrying.

(3) If that person refuses to give his name and address or if the officer concerned suspects that person of giving a false name or address or of intending to abscond, such officer may arrest him without warrant.

Appeals

(1) Any person aggrieved by an order of the licensing authority refusing to grant a licence or varying the conditions of a licence or by an order of the licensing authority is subordinate, suspending or revoking a licence may prefer an appeal against that order to such authority (hereinafter referred to as the appellate authority) and within such period as may be prescribed:

Provided that no appeal shall lie against any order made by, or under the direction of the Government.

(1) No appeal shall be admitted if it is preferred after the expiry of the period prescribed therefore:

Provided that an appeal may be admitted after the expiry of the period prescribed therefore if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.

(3) The period prescribed for an appeal shall be computer in accordance with the provision of the Indian Limitation Act, 1908 (9 of 1908), with respect to the computation of periods of limitation there under .

(4) Every appeal under this section shall be made by a petition in writing ahs shall be accompanied by a brief statement of the reasons for the order appealed against where such statement has been furnished to the appellant and by such fee as may be prescribed.

(5) In disposing of an appeal the appellate authority shall follow such procedure as may be prescribed :

Provided that no appeal shall be disposed of unless the appellant has been given a reasonable opportunity of being heard.

(6) The order appealed against shall, unless the appellate authority conditionally or unconditionally directs otherwise, be in force pending the disposal of the appeal against such order.

(7) Every order of the appellate authority confirming, modifying or reversing the order appealed against shall be final.

COMMENTS

When an order for revocation or suspension of the arms licence is ‘issued’, the limitation period for filing an appeal well-in-time is "thirty days from the date of ‘service’ of such an order" [Chhatrapal v. The Collector, Fatephur & Anr; AIR 1989 All. 73f (75)].

Variation, suspension and revocation of licences

(1) The licensing authority may very the conditions subject to which a licence has been granted except such of them as have been prescribed and may for that purpose require the licence holder by notice in writing to deliver-up the licence to it within such time as may be specified in the notice.

(2) The licensing authority may, on the application of the holder of a licence, also vary the conditions of the licence except such of them as have been prescribed.

(3) The licensing authority may by order in writing suspend a licence for such periods it thinks fit or revoke a licence –

(a) if the licensing authority is satisfied that the holder of the licence is 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 is of unsound mind, or is for any reason unfit for a licence under this Act; or

(b) if the licensing authority deems it necessary for the security of the public peace or for public safety to suspend or revoke the licence; or

(c) if the licence was obtained by the suppression of material information or on the basis of wrong information provided by the holder of the licence or any other person on his behalf at the time of applying for it; or

(d) if any of the conditions of the licence has been contravened; or

(e) if the holder of the licence has failed to comply with a notice under sub-section (1) requiring him to deliver-up the licence.

(4) The licensing authority may also revoke a licence on the application of the holder thereof.

(5) Where the licensing authority makes an order varying a licence under sub-section (1) or an order suspending or revoking a licence under sub-section (3), it shall record in writing the reasons therefor and furnish tot he holder of the licence 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.

(6) The authority to whom the licensing authority is subordinate may by order in writing suspend for revoke a licence on any ground on which it may be suspended or revoked by the licensing authority; and the foregoing provisions of this section shall, as far as may be, apply in relation to the suspension or revocation of a licence by such authority.

(7) A court conviction the holder of a licence of any offence under this Act or the rules made there under may also suspend or revoke the licence :

Provided that if the conviction is set aside on appeal or otherwise, the suspension or revocation shall become void.

(8) An order of suspension or revocation under sub-section (7) may also be made by an appellate court or by the High Court when exercising its powers of revision.

(9) The Central Government may, by order in the Official Gazette, suspend or revoke or direct any licensing authority to suspend or revoke all or any licences granted under this Act throughout India or any part thereof.

(10) On the suspension or revocation of a licence under this section the holder thereof shall without delay surrender the licence to the authority by whom it has been suspended or revoked or to such other authority as may be specified in this behalf in the order of suspension or revocation.

COMMENTS

(i) A licence holder must be given an opportunity of hearing before revocation/suspension of his/her licence. If due to some unavoidable reasons, revocation/ suspension of the arms licence is ordered, it is an obligation on the part of the licencing authority [as u/s2 (f) ] to allow a post-decisional hearing [Kailash Nath v. State of U.P.; AIR 1985 All. 291 (297, 300)].

(ii) However, if it becomes quite apparent to the licensing authority that the possession of arms by the licencee is going to disturb or endanger ‘public peace & safety’, it can straightway and without any further enquiry, revok/suspend such licence. But if the danger is not ‘apparently immediate’ and the licensing authority proceed for further enquiry into the full facts, then it can’t done unless & until, the licensing authority is completely satisfied with its enquiry [Chhanga Prasad Sahu v. State of U.P. & Ors ; AIR . 142 (149)].

(iii) One of the reasons inviting suspension/ revocation of the arms licence can be like, getting proceeded against in a criminal/capital offence [Kapildeo Singh v. State of Bihar.

(iv) The power & jurisdiction of the licensing authority to initiate cancellation of licence’ proceedings, has been vested with the A.D.M. [Lakhan Singh v. Commissioner, Jhansi Div; Jhansi & Ors; AIR 1984 All. 122 (123)].

(v) Before passing an order in writing, the licensing authority must duly record the necessary reasons and if not against the’ public interest’, shall disclose to the licence holder on demand, all such reasons [Anil Kumar Bhunia etc., Petitioners v. UOI & Ors; Respondents; AIR 1982 NOC 198 (Cal.)].
(vi) Suspension/cancellation /revocation of the arms licence shall/can not be retrospective. It should be perspective only [Anil Kumar Bhunia etc., Petitioners v. UOI & Ors. Respondents., AIR 1982 NOC 198 (Cal).].

(vii) Any authority inferior and / or subordinate to such authority which grants the arms licence can not suspend/cancel or revoke it, for if it does so, it will be improper & invalid and against the tenets of law [Anil Kumar Bhunia etc., Petitioner v. U.O.I. & Ors., Respondent; AIR 1982 NOC 198 (Cal).)

Fees, etc., for licence

The fees on payment of which, the condition subject to which and the form in which a licence shall be granted or renewed shall be such as may be prescribed:

Provided that different fee, different conditions and different forms may be prescribed for different types of licences:

Provided further that a licence may contain in addition to prescribed conditions such other conditions as may be considered necessary by the licensing authority in any particular case.

Duration and renewal of licence

(1) A licence under section3 shall, unless revoked earlier, continue in force for a period of three years from the dare on which it is granted:

Provided that such a licence may be granted for a shorter period if the person by whom the licence is required so desires or if the licensing authority for reasons to be recorded in writing considers in any case that the licence should be granted for a shorter period.

(2) A licence under any other provision of Chapter II shall, unless revoked earlier, continue in force for such period from the dare on which it is granted as the licensing authority may in each case determine.

(3) Every licence shall, unless the licensing authority for reasons to be recorded in writing otherwise decides in any case, be renewable for the same period for which the licence was originally granted and shall be so renewable from time to time, and the provisions of section 13 and 14 shall apply to the renewal of a licence as they apply to the grant thereof.

Refusal of licences

(1) 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 licence in any other case under Chapter II,-

(i) where such licence is required by a person whom then 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 licence 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.

COMMENTS
(i) The Law mandates a refusal to grant licence even if the applicant has duly followed the procedure, where the licensing authority has reason (s) to believe that he is, for any reason, unfit for the licence under the Act. Unfit is used in the context of hardened criminals or those involved in horrendous crimes [Kapildeo Singh v. Distt. Magistrate, Almora & Ors, AIR1987 Pat. 122(125)]

(ii) Under this provision, ‘public peace’ and ‘public safety’ do not imply a stray or an ordinary disturbance of law & order. The licence can be cancelled, suspended or refused on its renewal on the grounds of disturbance or breach of law & order of such a ‘magnitude’ which cannot be ignored as just a stray or an ordinary one. It also depends on the apprehended or actual repercussions [Ganesh Chandra Bhatt v. Distt. Magistrate, Almora & Ors. AIR 1993 All.291].

(iii) As regards the Arms Act, 1959, organic interpretation of its provisions facilitates proper consideration of the right to self defence, present social conditions & correct interpretation of the Constitution so as not to render the statutes/ provisions unconstitutional. In this context, the licence for non-prohibited arm shall be ordinarily allowed with an exception in case of hardened criminals or those involved in horrendous crimes, while the licence for prohibited arms shall not be ordinarily allowed [Ganesh Chandra Bhatt v. Distt. Magistrate, Almora & Ors., 1993 All 291].

(iv) Merely on the ground (s) of implication in petty crime (s) or on the basis of a false F.I.R., the arms licence shall/ cannot be cancelled’/ suspended, for it may be a senile ploy’ to deprive the licence holder of his licensed weapon and disarm him so as to endanger his life. Hence, in such examination of all relevant facts in an essential pre-requisite before cancellation/ suspension of any licence [Ganesh Chandra Bhatt v. Distt. Magistrate, Almora & Ors. AIR 1993 All.291].

Grant of licences

(1) An application for the grant of a licence under Chapter II shall be made to the licensing authority and shall be in such form, contain such particulars and be accompanied by such fee, if any, as may be prescribed.

(2) [ Note: Subs. by Act 25 of 1983, s. 6 (w.e.f. 22-6-1983) ] On receipt of an application, the licensing authority shall call for the report of the officer in charge of the nearest police station on that application, and such officer shall send his report within the prescribed time.

(2A) The licensing authority, after such inquiry, if any, as it may, consider necessary, and after considering the report received under sub-section(2), shall, subject to the other provisions of this Chapter, by order in writing either grant the licence or refuse to grant the same.

Provided that where the officer in charge of the nearest police station does not send his report on the application within the prescribed time, the licensing authority may, if it deem fit, make such order, after the expiry of the prescribed time, without further waiting for the report].

(3) The licensing authority shall grant -

(a) A licence under section 3 where the licence is required -

(i) By a citizen of India in respect of a smooth bore gun having a barrel of not less than twenty inches in length to be used for protection or sport or in respect of muzzle loading gun to be used for bona fide crop protection:

Provided that where having regard to the circumstances of any case, the licensing authority is satisfied that in muzzle loading gun will not be sufficient for crop protection, the licensing authority may grant a licence in respect of any other smooth bore gun a aforesaid for such protection, or

(ii) In respect of a point 22 bore rifle or an air rifle to be used for target practice by a member of rifle club or rifle association licensed or recognised by the Central Government ;

(b) A licence under section 3 in any other case or licence under section 4, section 5, section 6, section 10 or section 12, if the licensing authority is satisfied that the person by whom the licence is required has a good reason for obtaining the same.

Comments

(i) As far as the power and discretion of the licensing authority, which includes the Government, is concerned in respect of arms under the general category, it may grant or refuse the licence, even if the procedural nuisances have been fully adhered to [Kapildeo Singh v. State of Bihar & Ors; AIR 1987 Pat. 122(125)].

(ii) For a ‘licensing authority’ as defined u/s 2(f), it is obligatory to grant a licence in an Indian citizen applies for it for the reason of his protection. In that case, refusal to grant it will be unjustified & unsustainable, provided the applicant has duly justified the reason and adhered to the procedures/conditions as laid down in this regard [Ram Khelawan Misra v. State of U.P. & Anr; AIR 1982 All. 283 (284,2850].

(iii) Although there is hardly any provision in the Act or the Rules specifying any time-frame as such, but if an application for a licence for a non-prohibited arm is not disposed of within three (3) months, it will be deemed to have been allowed after the expiry of such a time –frame. The point is to make the licensing authority realise that they can not prolong or linger-on the disposal of such application (s) at their own sweet will [Ganesh Chandra Bhatt v. Distt. Magistrate, Almora &Ors. AIR 1993 ALL. 291].

Power to restrict or prohibit transport of arms

(1) The Central Government may, by notification if the Official Gazette, -

(a) Direct that no person shall transport over India or any part thereof arms or ammunition of such classes and descriptions as may be specified in the notification unless he holds in this behalf a licence issued a accordance with provisions of this Act, and rules made there under; or

(b) Prohibit such transport altogether.

(2) Arms or ammunition trans-shipped at a seaport or an airport in India are transported within the meaning of this section.

Power to prohibit import or export of arms, etc

The Central Government may, by notification in the Official Gazette prohibit the bringing into, or the taking out of, India, arms or ammunition of such classes and descriptions as may be specified in the notification.