I was searching https://elegalix.allahabadhighcourt.in/elegalix/StartWebSearch.do for "Arms Act" under text search and came up with a peculiar case of cancellation of Arms License under Section 30. I have attached copy of writ alongwith this post.
Arms Act 1959 Section 30. Punishment for contravention of license or rule. Whoever contravenes any condition of a license or any provision of this Act or any rule made thereunder, for which no punishment is provided elsewhere in this Act shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.
Firearm license canceled under Section 30 on following two grounds:-
(a) that he had gone to the District Jail Lalitpur carrying his rifle openly, which caused flutter, thereby rendering the petitioner liable to be prosecuted under Section 30 of the Arms Act; and
(b) that he had gone to meet an under-trial under the Gangster Act, therefore, he apparently has connections with anti-social elements and as such was not a person fit enough to hold an Arms license.
It is really pathetic to find that, the District Magistrate, the Commissioner and even High Court fail to see simple points of law and proceed as per their biased and prejudiced mindset:
1) He had gone to jail carrying his rifle openly and not carrying it in concealed form, shows that he did not intend to harm anybody but carried rifle for his self defense which is a fundamental right under article 21. How this action of carrying rifle openly becomes contravention of Section 30 of Arms Act? If some person/s start fluttering at the mere sight of a rifle on person, is it a contravention of Section 30 of Arms Act? Had his intentions been to contravene section 30 of Arms Act and harm anybody he would have carried any weapon in a concealable form to bypass jail security or would have tried to sneak himself or any weapon into the jail by some illegal/clandestine means.
2) He had gone to meet an under-trial in jail(held under whatever Act) as per the rules and regulations of jail to meet the under-trials. How can meeting someone by following the rules and regulations of jail become a contravention of Section 30 of Arms Act?
