Karnataka High Court
Sri .K. Sajan Aiyappa vs Deputy Commissioner And District ... on 4 January, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:445
WP No. 6359 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JANUARY, 2024
R
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 6359 OF 2023 (GM-RES)
BETWEEN:
SRI. K. SAJAN AIYAPPA ,
S/O LATE AIYAPPA,
AGED ABOUT 54 YEARS,
RESIDING AT KOLKERI VILLAGE AND POST,
NAPOKLU, KODAGU-571214.
...PETITIONER
(BY SRI. PRAVEEN S., ADVOCATE)
AND:
1. DEPUTY COMMISSIONER AND
DISTRICT MAGISTRATE,
KODAGU DISTRICT,
DISTRICT ADMINISTRATION BUILDING,
STUART HILL, MADIKERI-571201.
2. SUPERINTENDENT OF POLICE
KODAGU DISTRICT,
COLLEGE ROAD,
Digitally signed by NEAR FMC COLLEGE,
PADMAVATHI B K
BHAGAVATHI NAGAR,
Location: HIGH MADIKERI-571201.
COURT OF
KARNATAKA ...RESPONDENTS
(BY SRI. SPOORTHY HEGDE, HIGH COURT GOVERNMENT PLEADER
FOR RESPONDENT NOS.1 AND 2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
IMPUGNED FINAL NOTICE ISSUED BY THE RESPONDENT NO.1 TO
THE PETITIONER IN ANNEXURE-H VIDE BEARING NO.ARM/74/21-21
DATED 28.12.2022 AND ETC.
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NC: 2024:KHC:445
WP No. 6359 of 2023
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court calling in question a notice termed to be the final notice dated 28.12.2022, which directs the petitioner to divulge the minimum qualifying marks of his claim of him, being a Renowned Shooter, and has sought certain consequential benefits by issuance of a writ in the nature of mandamus, to consider the application of the petitioner and grant additional weapons.
2. Heard Sri. Praveen S, learned counsel for the petitioner and Sri. Spoorthy Hegde, learned High Court Government Pleader for the respondents.
3. The petitioner claims to be a Renowned Shooter and has participated in several shooting events both at the National Level and State Level competitions. He further claims to be a life member of the National Rifle Association of India and he would come within the definition of 'Renowned Shooter' in terms of the Arms Rules, 2016.
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NC: 2024:KHC:445 WP No. 6359 of 2023
4. The petitioner submits an application to the first respondent seeking additional weapons on 21.09.2020. The application does not merit any consideration. After having waited for close to three years, a communication comes about on 28.12.2022 terming it to be a final notice observing that the petitioner has not divulged the minimum qualifying marks to be a renowned shooter and those facts must be within 15 days delivered to the office of the Deputy Commissioner. It is calling that in question the petitioner is before this Court in the subject petition.
5. The learned counsel for petitioner Sri.Praveen S., would place reliance upon the Arms Act, 1959 (hereinafter referred to as 'the Act' for short) and Rules framed there under in the Arms Rules, 2016 (hereinafter referred to as ' the Rules' for short) to buttress his submission that petitioner being renowned shooter is entitled to possess 10 Arms. He now possesses three and has applied for four additional Arms. It is his submission that on one pretext or the other the respondents are dodging the issue and have not issued a final notice to know the minimum qualifying marks to become a renowned shooter.
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6. Learned High Court Government Pleader for the respondents would vehemently refute the submission to contend that the petitioner can possess only two arms in terms of the schedule appended to the Arms Act and therefore, the request made to add four more arms to his number is untenable and therefore, the petition should be dismissed.
7. I have given my anxious consideration to the submission made by the respective counsel and have perused the material on record.
8. The only issue that falls for consideration is whether the petitioner is entitled to the additional Arms that he was seeking in terms of the Act and the Rules. To consider the same, it is necessary to notice certain provisions of the Act and the Rules. Section 3 of the Act reads as follows:-
"3. Licence for acquisition and possession of firearms and ammunition.―(1) No person shall acquire, have in his possession, or carry any firearm 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 person may, without himself holding a licence, carry any firearm or ammunition in the presence, or under the written authority, of the holder of -5- NC: 2024:KHC:445 WP No. 6359 of 2023 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 two firearm:
Provided that a person who has in his possession more firearms than three at the commencement of the Arms (Amendment) Act, 1983 (25 of 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 licensed 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.
Provided that a person who has in his possession more firearms than two at the commencement of the Arms (Amendment) Act, 2019, may retain with him any two of such firearms and shall deposit, within one year from such commencement, the remaining firearm 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 licensed 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 after which it shall be delicensed within ninety days from the date of expiry of aforesaid one year:
Provided further that while granting arms licence on inheritance or heirloom basis, the limit of two firearms shall not be exceeded.
(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 licensed or recognised by the Central Government using a point 22 bore rifle or an air rifle for target practice.-6-
NC: 2024:KHC:445 WP No. 6359 of 2023 (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 arm or ammunition under sub-section (1) of that section." The Rule 40 of the Rules reads as follows:-
"40. Quantity of ammunition to sports persons, shooting associations, etc.- (1) The quantity of ammunition allowed to various categories of sports persons for their personal consumption and shooting sport organisations shall be as per the limits laid down in the table given below, namely:-
TABLE Sl. Persons or Type of Quantity and No. class of firearm description of each persons kind of ammunition To be Purchasabl possessed e during at any the year one time 1 Arjuna All 100000 for 200000 for awardee all types of all types of firearms firearms collectively collectively 2 International Rifle/Pistol 50000 for 100000 for medalist/ .22 LR; Center- all types all types of renowned fire rifle with of firearms shooter caliber up to 8 firearms collectively mm; collectivel Revolver/Pisto y l; Shotgun of calibre up to 12 bore/gauge 3 Junior target Rifle/Pistol .22 10000 30000 shooter LR; for all for all types Center-fire rifle types of of firearms with caliber up firearms collectively to 8 mm; collectively -7- NC: 2024:KHC:445 WP No. 6359 of 2023 Revolver/ Pistol;
Shotgun of
calibre up to 12
bore/gauge
4 Aspiring Rifle/Pistol 15000 for 30000 for
shooter .22 LR; all types all types of
Center-fire of firearms
rifle with firearms collectively
caliber up to 8 collectivel
mm; y
Revolver/Pisto
l;
Shotgun of
caliber up to
12 bore/gauge
5 Other shooters .22 LR 500 5000
(not falling Rifle/Pistol 300 2000
under S.No. 1 Any other Pistol/
to 4 above) Revolver caliber 250 5000
holding valid Shotgun caliber 200 500
arms licences Any other Rifle
and who are
also members
of National
Rifle
Association of
India or
affiliated State
Rifle
Association (s)
of NRAI or
shooting
clubs/District
Rifle
Association
affiliated with
State Rifle
Association
6 National Rifle Upper limit on the quantity of
Association ammunition, to be decided by the
of India. licensing authority based on the
Affiliated recommendations of the Certifying body
State Rifle
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WP No. 6359 of 2023
Association(s
) with NRAI.
Shooting
clubs/
District Rifle
Association(s
) affiliated
with State
Rifle
Association.
All shooting
clubs
affiliated to
the State
Rifle
Association
or the
National Rifle
Association
of India. All
shooting
ranges under
the Sports
Authority of
India or the
Sports
Authority of
the State
Governments
Note.- Shotgun calibers of caliber up to 12 bore/gauge, mean and include the lesser calibers of 16, 20, 28 and 410 bore, etc. (2) For the purposes of this rule, certifying bodies and certification contents shall be as specified in the table given below, namely:-
TABLE S. Category of Certifying body Certifying No. sports person conditions 1 Arjuna Awardee Government of The certificate India in the shall state that Department of the award was -9- NC: 2024:KHC:445 WP No. 6359 of 2023 Sports, Ministry conferred for of Youth Affairs excellence as a and Sports Shooter 2 International National Rifle The certificate medalists/ Association of shall state that renowned India (NRAI) the medal has shooters been won by the international medalists in the international championships and in case of renowned shooters the merit certificate shall mention the qualifying score along with the Minimum Qualifying Score (MQS) for the event as specified by NRAI 3 Junior target National Rifle The certificate and shooter/ aspiring Association of shall mention the 4 shooter India or the qualifying score approved or along with the affiliated State Minimum Rifle Qualifying Score Association(s) of for the event as NRAI specified by NRAI or the State Rifle Association 5 Other shooters National Rifle The certificate Association of shall state the India or affiliated membership and State Rifle other details of
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NC: 2024:KHC:445 WP No. 6359 of 2023 Association(s) of the shooter NRAI or Shooting Clubs/District Rifle Association affiliated with State Rifle Association.
6 Shooting Clubs/ State Rifle
District Rifle Association or
Associations National Rifle
affiliated with Association of
State Rifle India as
Associations or applicable
National Rifle
Association of
India
State Rifle National Rifle
Association Association of
India
National Rifle Ministry of Youth
Association of Affairs and Sports
India
National Rifle Shooting Ranges
Association of Sports Authority
India of India/Sports
Authority of the
State
Government/
National Rifle
Association of
India
Explanation. ─ For the purposes of this rule,
(a) "international championship" means the Asian Games, the Asian Shooting Championship, the Asian Women or Asian Junior Shooting Championship, the Commonwealth
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NC: 2024:KHC:445 WP No. 6359 of 2023 Games, the Commonwealth Shooting Championships, the Olympic Games, the World Junior or Senior Shooting Championships and the World Cups in Senior as well as Junior events;
(b) "international medalist" means a person who has won an individual or team medal in an international championship;
(c) "renowned shooter" means a person who has participated in a National Shooting Championship in an Open Men's Event or Open Women's Event or Open Civilian's Event whether through qualifying tournament or wild card entry conducted in accordance with the rules of International Shooting Sports Federation (ISSF) and has attained the Minimum Qualifying Score prescribed by the National Rifle Association;
(d) "junior target shooter" means a person who has completed the age of twelve years but is below the age of twenty-one years and has taken part in at least one State Championship (held once a year) or in the Zonal Championship or National Level Shooting Competition recognised by National Rifle Association and/or by respective State Rifle Association;
(e) "aspiring shooter" means a person who has taken part in at least one State Championship (held once a year) or in the Zonal Championship or National Level Shooting Competition recognised by National Rifle Association and/or by respective State Rifle Association and attained the prescribed Minimum Qualifying Score specified by the National Rifle Association of India."
(Emphasis supplied) Certain schedule is appended to the aforesaid Rules and those are germane to be noticed. They read as follows:-
SCHEDULE Exemption Related To Possession Of Arms
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WP No. 6359 of 2023
Sr. Persons or class Categories/ Conditions
No. of persons descriptions of arms
(1) (2) (3) (4)
1. Arjuna General exemption The person must
Awardees on the number of hold a certificate
arms to be issued by the
possessed provided appropriate
that the Arjuna certifying bodies
Award is conferred specified in the
in shooting. proviso to this
notification.
2. International (i) Rifles in (i) The total
Medalist/ caliber. 22 Long number of
Renowned Rifle (also known weapons
shot as .22LR). exempted shall
(ii) Center fire not exceed
Rifles with twelve in addition
calibers up to to the number of
8mm including all weapons he is
calibers lower entitled to
than 8mm. possess as a
(iii) Pistol/ normal citizen as
Revolvers of per the
caliber up and provisions of the
including 9 mm Act, subject to an
but excluding 9 overall ceiling of
mm parabellum fourteen
(9x19mm). weapons;
(iv) Shotguns of (ii) The person
caliber up to 12 must hold a
bore/guage certificate issued
including all by the
calibers lower appropriate
than 12 certifying body
bore/guage. referred to in
paragraph 3 of
this notification.
Note:
(a) if a shooter is
renowned in one
event only, the
maximum
number of
weapons he can
possess shall be
ten (i.e. eight in
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WP No. 6359 of 2023
the exempted
category plus two
weapons as a
normal citizen
under sub-section
2 of section 3 of
the Act);
(b) if a shooter is
renowned in two
events, the
maximum
number of
weapons he can
possess shall be
twelve (i.e. ten in
the exempted
category plus two
weapons which
he can possess as
a normal citizen
under subsection
2 of section 3 of
the Act);
(c) if a shooter is
renowned in
more than two
events, the
maximum
number of
weapons he can
possess shall be
fourteen (i.e.
twelve in the
exempted
category plus two
weapons which
he can possess as
a normal citizen
under subsection
2 of section 3 of
the Act).
3. Junior Target Type of arms used (i) The exemption is
Shooter in the event in restricted to two
which the person is weapons of any a Junior Target category in which Shooter the person is a
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WP No. 6359 of 2023
Junior target
shooter;
(ii) The person
must hold a
certificate issued by
the appropriate
certifying body
referred to in
paragraph 3 of this
notification.
4. Aspiring Type of arms used (i) The exemption
Shooter in the event in is restricted to
which the person two weapons of
is an Aspiring any category in
Shooter. which the person
is an Aspiring
shooter;
(ii) The person
must hold a
certificate issued
by the
appropriate
certifying body
referred to in
paragraph 3 of
this notification.
5. National Rifle (i) Rifles in calibre (i) No upper limit
Association of .22 Long Rifle (also on the number of
India (NRAI)/ known as .22 LR); Arms, subject to
Affiliated State (ii) Center fire Rifles the discretion of the
Rifle with calibers up to 8 licensing authority
Association(s) mm including all based on the
with NRAI/ calibers lower than recommendations
District Rifle 8 mm; of the certifying
Association(s) (iii) Pistols/ body;
affiliated with Revolvers of caliber (ii) The entity must
State Rifle up to and including hold a certificate
Association(s) / 9 mm but excluding issued by the
All Shooting 9 mm parabellum appropriate
Clubs affiliated (9x19mm); certifying body
with the State (investigation) referred to in
Rifle Shotguns of caliber paragraph 3 of this
Association or up to 12 bore/gauge notification.
NRAI/ All including all calibers
Shooting lower than 12
Ranges under bore/guage.
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WP No. 6359 of 2023
the Sports
Authority of
India or the
Sports
Authority of the
State
Governments.
(Emphasis added)
9. Two of the clauses of the afore-quoted schedule are the once that are to be considered in the lis. Clause (2) deals with international medalists/renowned shooters (renowned shot). Clause (4) deals with an Aspiring Shooter.
10. Learned High Court Government Pleader places heavy reliance upon Clause (4), which concerns as an Aspiring Shooter. For an Aspiring Shooter, the exemption is restricted to two weapons in any category in which the person is an Aspiring Shooter. The learned counsel for the petitioner places heavy reliance upon Clause (2), which concerns a renowned shooter.
The note appended to the schedule (supra) depicts that if if a shooter is a Renowned Shooter in one event only, the maximum number of weapons he can possess would be ten i.e., eight in the exempted category plus two weapons which he
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NC: 2024:KHC:445 WP No. 6359 of 2023 can possess as a normal citizen under sub-section (2) of Section 3 of the Act, supra.
11. The case at hand requires consideration on the bedrock of the aforesaid provisions. The petitioner claims to be a Renowned Shooter. The claim appears to be tenable in the light of the fact that he had participated in several events both State and National Level, which would qualify him to be a Renowned Shooter. If the fact that the petitioner is a Renowned Shooter is not in dispute, what would kick in is Clause 2(a) of the schedule and not Clause (4), as is contended by the learned High Court Government Pleader. In terms of Clause (2), any Renowned Shooter would become entitled to possession of ten weapons i.e., eight for sporting events and two as normal citizen under sub-section (2) of Section 3 of the Act. Therefore, the petitioner is well within the statutory claim made for possession of four more arms.
12. The other submission with regard to Rule 40 of the Rules (supra). Rule 40 of the Rules deals with quantity of ammunition to sports persons, shooting associations etc., The petitioner as observed hereinabove does come under the
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NC: 2024:KHC:445 WP No. 6359 of 2023 category of a Renowned Shooter under sub-rule (c) of Rule 40, a Renowned Shooter is entitled to hold one lakh ammunition. The petitioner is now seeking 25,000 ammunition for the usage of the arms. Therefore, all the claims of the petitioner are within four walls of the statute. The communication impugned is neither here nor their. It does not consider the application nor seeks any relevant information. It is issued only to drag the issue further. On that score it is rendered unsustainable.
13. It is germane to notice that the Deputy Commissioner or the Competent Authority is required to dispose an application made by any holder of Arms licence to add or delete Arms in terms of schedule 5 of Rule 40, within an outer limit of 7 days. Contrary to it, the Deputy Commissioner has held on to the application for three long years, which action is blatantly contrary to the statute.
14. For the aforesaid reasons, following order is passed:
ORDER
i) The petition is allowed.
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ii) The impugned final notice dated 28.12.2022 issued by the respondent No.1 - Deputy Commissioner, stands quashed.
iii) The mandamus issues to the respondent Authority i.e., the Deputy Commissioner to consider the application of the petitioner for grant of four more arms and 25,000 ammunition bearing in mind the observations made in the course of the order and pass appropriate orders, in accordance with law, within an outer limit of four weeks from the date of receipt of a certified copy of this order.
Sd/-
JUDGE PMR List No.: 2 Sl No.: 21