Jharkhand High Court
Deepak Kumar Shahdeo vs The State Of Jharkhand on 28 August, 2023
Author: Ambuj Nath
Bench: Ambuj Nath
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W. P (C) No. 579 of 2022
Deepak Kumar Shahdeo --- --- Petitioner
Versus
1. The State of Jharkhand
2. The Deputy Commissioner, Ranchi
3. The District Arms Magistrate, Ranchi--- --- Respondents
---
CORAM: Hon'ble Mr. Justice Ambuj Nath
---
For the Petitioner: Mr. Shadab Bin Haque, Advocate For the Resp.-State: Mr. Varun Prabhakar, A.C to G.P-III
---
06 / 28.08.2023 Petitioner has filed this writ application for quashing the Memo No. 510 / Shastra dated 24.08.2020, issued by the respondent no. 3 - District Arms Magistrate, Ranchi (Annexure-2), in the light of the Arms (Amendment) Act, 2019 No. 48 of 2019, whereby the petitioner has been directed to surrender one of his arms before the local police station / O.P or Government Malkhana or Arms & Ammunition Shop and thereafter submit his licence in the District Arms Branch at Ranchi, failing which it will be considered as contravention of Arms (Amendment) Act, 2019 No. 48 of 2019 dated 13.12.2019. It was also mentioned therein that action will be taken, as per law, if this direction is not complied with. By I.A. No. 4486 of 2022, petitioner has further prayed for quashing of Memo No. 310 / Shastra dated 02.05.2022 (Annexure-1), whereby and wherein, respondent no. 3 has further directed that the petitioner is entitled to keep only two arms and cancelled the licence of the petitioner being Arms Licence No. 1/2011/Thana Gonda/ Ranchi with immediate effect.
2. Stand has been taken that the petitioner is the member of National Rifle Association of India, which is registered / recognized association by the Central Government. Therefore, petitioner does not come within the purview of the Arms (Amendment) Act, 2019 No. 48 of 2019 and he can possess three arms licences.
Sub-Section (2) and (3) of section 3 the Arms (Amendment) Act, 2019 reads as under:
"3. Licence for acquisition and possession of firearms and ammunition. (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]"
(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."2.
3. Mr. Varun Prabhakar, learned A.C to G.P-III, has drawn attention of this court towards Annexure-G to the counter affidavit which is Gazette Notification dated 12.02.2020, where exemption related to possession of arms has been provided. According to this notification, there is no upper limit on the number of Arms, subject to the discretion of the licensing authority based on the recommendations of the certifying body, if a person is a member of National Rifle Association of India (NRAI) or other bodies mentioned therein.
4. Mr. Shadab Bin Haque, learned counsel appearing on behalf of the petitioner, submitted that the amended provisions of sub-section (2) of section 3 will not be applicable in this case as no upper limit can be prescribed for possessing arms licence by the petitioner being a member of National Rifle Association of India. However, it was conceded that the licensing authority has got discretion based on the recommendation of certifying authority to make restriction on number of firearms which a person can possess even if a person is a member of National Rifle Association of India. It was further submitted that by virtue of Memo No. 310 / Shastra dated 02.05.2022, respondent no. 3 - District Arms Magistrate, Ranchi has cancelled the licence of the petitioner based on the amended provisions of sub-section (2) of section 3 of the Arms (Amendment) Act, 2019 , which is not applicable in this case.
5. From bare perusal of Memo No. 310 / Shastra dated 02.05.2022 (Annexure-1 to I.A. No. 4486/2022), it appears that licence of the petitioner was cancelled on the ground that the petitioner has not scored the Minimum Qualification Score as a participant in Jharkhand State Rifle Shooting Championship, 2020. Minimum qualification Score is applicable to the trainee shooter.
6. It was submitted that the Minimum Qualification Score is applicable to trainee shooter and not a member of National Rifle Association of India. Attention was drawn towards Rule 40(e) of the Arms Rules, 2016, which defines the meaning of "aspiring shooter". As per which, "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 recognized 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 in order to qualify to get the quantity of ammunition allowed to various categories of sports persons.3.
7. Petitioner, a member of National Rifle Association of India, is not an Aspiring Shooter. As such, provisions of Rule 40(e) of Arms Rules, 2016 will not be applicable in this case. The ground stated by the respondent no. 3 for cancelling his licence and directing him to deposit the arms before the competent authority or person is not sustainable. Accordingly, Memo No. 510 / Shastra dated 24.08.2020 and Memo No. 310 / Shastra dated 02.05.2022, both issued by the respondent no. 3 - District Arms Magistrate, Ranchi, are quashed.
8. This writ application is allowed. Pending I.A., if any, stands disposed of.
(Ambuj Nath, J) Ranjeet/