@JUDGMENTTAG-ORDER
S. Tamilvanan, J.@mdashHeard the learned Counsel appearing for the Petitioner as well as the learned Additional Government Pleader appearing for the Respondents.
2. The writ petition has been filed under Article 226 of the Constitution of India, seeking an order in the nature of Writ of Certiorari, calling for the records on the file of the first Respondent relating to the impugned order passed in R.C. No. R.A.5(2)/110487/2005 A.A. No. 223/2005 dated 03.10.2006, confirming the order passed by the second Respondent in M.M. No. 50934/2005K-3 dated 22.11.2005, cancelling the Petitioner''s Arms licence and quash the same.
3. Learned Counsel for the Petitioner submitted that the Petitioner had applied for revolver licence on 29.01.1998 and after due enquiry, the second Respondent District Collector, Coimbatore had granted him revolver licence namely licence No. 2/99/Pollachi and the area of validity was restricted to Coimbatore District. Subsequently, the Petitioner made an application for extending the area of validity to the entire state of Tamil Nadu. The District Collector, after getting a report from the District Superintendent of Police, extended the area of validity to the whole of Tamil Nadu, by order dated 02.11.1999. But, the Arms licence was subsequently cancelled by the District Collector, Coimbatore, by his impugned proceedings, dated 22.11.2005. Aggrieved by which, the Petitioner herein, preferred an appeal before the said Commissioner and the Commissioner of Revenue Administration, however, by order dated, 03.10.2006 confirming the order of cancellation passed by the second Respondent, the appeal preferred by the Petitioner herein, was dismissed by the first Respondent. Aggrieved by which, the present writ petition has been preferred.
4. In the impugned orders, the Respondents have categorically stated that the writ Petitioner had been granted an Arms licence to possess a revolver for his self protection, under licence No. 2/99/Pollachi, which was valid up to 31.12.2007. As per the report received from the Inspector of Police, B4, Race Course Police Station, Coimbatore North, it was brought to the notice that one Venugopal, an assistant of the licencee got himself hurt by using the revolver and on account of the same, a case was registered. On seeing the copy of the F.I.R., a show cause notice was issued to the licencee, directing him to explain as to why his licence should not be cancelled for gross violation of condition 2(b) of the Arms licence. The licencee submitted his written explanation on 28.10.2005 informing that the aforesaid Venugopal was his trustworthy assistant, working under him for the past 5 years, that on 31.08.2005, during night hours, he took a room in a Hotel "Cheran Palace", which was located two buildings away from his company. While chatting with customer, he went to toilet for the purpose of attending natural call, leaving behind the revolver with the pouch safely in the almyrah. While he was inside the toilet, he heard a gun shot and rushed to the place where he found Venugopal, was holding the revolver which had no safety lock and got himself hurt with minor injury, by accidentally triggering the revolver.
5. According to the Petitioner, the mischief was occurred due to the curiosity and anxiety of the said Venugopal, while touching the weapon, though the Petitioner was careful and diligent in leaving his belt with the pouch containing the revolver. However, the District Magistrate and the District Collector, Coimbatore, after considering the occurrence, cancelled the revolver licence No. 2/99/Pollachi by proceedings, dated 22.11.2005, on the ground that licencee had allowed another person to use his weapon and violated the condition 2(b) of the Arms licence. According to the Petitioner, the revolver was kept in the shelf, which was taken by his assistant. As per the case registered against the Petitioner by the Inspector of Police, B4, Race Course Police Station, Coimbatore North, the Petitioner herein was charged, under Sections 5 r/w Section 25(1)(a) and 3 r/w 30 of the Arms Act, which are read as follows:
Section 5-Licence for manufacture, sale, etc., of arms and ammunition
(1) No person shall
(a) (use, manufacture), sell, transfer, convert, repair, test or prove, or
(b) expose or offer for sale or transfer or have in his possession for sale, transfer, conversion repair, test or proof,
any firearms or any other arms of such class or description as may be prescribed or any ammunition unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made there under.
(2) Notwithstanding anything contained in Sub-section(1), a person may, without holding a licence in this behalf, sell or transfer any arms or ammunition which he lawfully possesses for his own private use to another 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 such arms or ammunition.
Provided that no firearm or ammunition in respect or which a licence is required u/s 3 and no arms in respect of which a licence is required u/s 4 shall be sold or transferred by any person unless-
(a) he has informed in writing the District Magistrate having jurisdiction or the officer in charge of the nearest police station of his intention to sell or transfer such firearms, ammunition or other arms and the name and address of the person to whom he intends to sell or transfer such firearms, ammunition or the other arms, and
(b) a period of not less than forty five days has expired after the giving of such information.
Section 25(1)(a) Whoever manufactures, sells, transfer, converts, repairs, tests or proves, or exposes or offers for sale or transfer, or has in his possession for sale, transfer, conversion, repair, test or proof, any arms or ammunition in contravention of Section 5.
Section 3-Licence for acquisition and possession of firearms and ammunition
(1) No person shall acquire, have in his possession, or carry any firearms or ammunition unless he holds in this behalf a licence issued in accordance with the provisions of this Act and the rules made there under;
Provided that a person may, without himself holding a licence carry any firearms or ammunition in the presence, or under the written authority, of the holder of the licence for repair or for renewal of the licence or for use by such holder.
(2) Notwithstanding anything contained in Sub-section(1), no person, other than a person referred to in Sub-section (3), shall acquire, have in his possession or carry at any time, more than three firearms;
Provided that a person who has in his possession more firearms than three at the commencement of the Arms (Amendment) Act, 1983, may retain with him any three of such firearms and shall deposit, within ninety days from such commencement, the remaining firearms with the officer in charge of the nearest police station or, subject to the conditions, prescribed for the purposes of Sub-section (1) of Section 21, with a licenced dealer, or, where such person is a member of the armed forces of the Union, in a unit armoury referred to in that Sub-section.
(3) Nothing contained in Sub-section (2) shall apply to any dealer in firearms or to any member of a rifle club or rifle association licenced or recognised by the Central Government using a point 22 bore rifle or an air rifle for target practice.
(4)The provisions of Sub-sections (2) to (6) (both inclusive) of Section 21 shall apply in relation to any deposit of firearms under the proviso to Sub-section (2) as they apply in relation to the deposit of any arms or ammunition under Sub-section(1) of that Section.
Section 30-Punishment for contravention of licence or rule
Whoever contravenes any condition of a licence or any provisions of this Act or any rules made thereunder, for which no punishment is provided elsewhere in this Act shall be punishable with imprisonment for a term which may extend to (six months) or with fine which may extend to (two thousand) rupees, or with both.
6. It is clear that even if the factum alleged by the Petitioner is admitted, it could be stated that there was negligence on the part of the Petitioner, since the revolver being a deadly weapon and the Petitioner could have kept the same without proper safety measures. Had the revolver been kept in proper custody, there could have been no occurrence of misuse of the revolver by his assistant, so as to cause any injury. Hence, without prejudice to the case, registered against the Petitioner by the Police under the aforesaid Provisions of law, it has to be held that the conditions stipulated u/s 2(b) of the Arms licence has been violated by the Petitioner, due to his negligence.
7. This Court is of the view that there is no illegality or infirmity in the impugned order passed by the first Respondent, confirming the order passed by the second Respondent which does not warrant any interference by this Court in the writ petition filed Article 226 of the Constitution of India. Accordingly, this writ petition is dismissed. Consequently, connected miscellaneous petition is closed. No costs.
