provides for an offence relating to possession
on carrying any prohibited arms or prohibited
ammunition in contravention of Section 3 . There
are other provisions ... Section 7 : Prohibition of acquisition or
possession, or of manufacture or sale of
prohibited arms or prohibited ammunition:
No person shall:-
(a) acquire, have
shall also be liable to fine.
(2) whoever uses any prohibited arms or prohibited
ammunition in contravention or Section 7 shall be
punishable with imprisonment ... arms of one bore category or the other. The expression used in
Section 3 is any fire arm.
The same undoubtedly covers arms of prohibited
being converted into serviceable weapons;”
---
7. Prohibition of acquisition or possession, or of
manufacture or sale, of prohibited arms or prohibited
ammunition-No person shall ... possession for sale,
transfer, conversion, repair, test or proof,
any prohibited arms or prohibited ammunition
unless he has been specifically authorised
Section 5 prohibits possession of arm
and firearm without any license and Section 7 of the Arms Act prohibits
use of arm and firearm which ... offences--
(1A)Whoever acquires, has in his possession or carries any
prohibited arms or prohibited ammunition in contravention of
section 7 shall be punishable with
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 ... required in respect of any
prohibited arm or prohibited ammunition;
2. Where the licensing authority is satisfied that the person requiring
licence is prohibited
licence is
2 WP-1377-2020
required in respect of any prohibited arms or prohibited ammunition;
(b) a licence in any other case under Chapter ... prohibited arms or prohibited ammunitions or it may be
refused if the person seeking the licence has been prohibited by the Arms
Sri. B. R. Ganapathi Singh vs The State Of Karnataka on 13 March, 2020
Bench
that under its
provisions an application for a prohibited arms is not to be
ordinarily allowed, whereas, an application for a non-prohibited
arm ... 6137/2019
heinous crimes, otherwise all applications for licences for non-
prohibited arms must be allowed. The aforesaid interpretation is
also in consonance with Sections
Arms Act, 1959 , for
issuance of licence for non-prohibited fire arm, has
been rejected.
2. The petitioner had moved an application
under the provisions ... prohibited arm
or prohibited ammunition;
2. Where the licensing authority is
satisfied that the person requiring licence is
prohibited by Arms
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 ... prohibited arms or prohibited ammunitions
or it may be refused if the person seeking the licence has been
prohibited by the Arms
