IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17767 of 2009 1. AYODHYA PRASAD S/O LATE HIRA LAL PRASAD R/O STATION ROAD, BIKRAMGANJ, P.S.BIKRAMGANJ, DISTT- ROHTAS(SASARAM) Versus 1. THE STATE OF BIHAR 2. THE COMMISSIONER PATNA DIVISION, PATNA 3. THE DISTRICT MAGISTRATE ROHTAS, SASARAM 4. THE DISTRICT ARMS MAGISTRATE ROHTAS, SASARAM 5. THE SUB-DEVISIONAL OFFICER BIKRAMGANJ, DISTT- ROHTAS, SASARAM ----------- 02. 06.01.2011 Heard learned counsel for the petitioner and learned counsel for the State. The Arms Application License of the petitioner was rejected by the District Magistrate on 14.8.2006. The appeal preferred against the same has been rejected as time barred on 10.10.2009 for having been preferred after one and half years. Section 18 of the Arms Act dealing with the provision of appeal, provides for the appellate authority to condone delay. An application for condonation of delay has to be considered in a manner commensurate with law to advance the cause and the purpose of the statute for condonation of delay rather than to act mechanically and reject it on that ground. True it is that under Rule 55 of the Arms Rule 1962, the time limit for preferring the appeal prescribed is 30 days. The petitioner had furnished grounds of his illness which has been rejected on the only premise that such long illness was not possible to hold 2 that the plea was fictitious. The Courts have always favoured an adjudicatory order rather than rejection on technicality. Even if the appellate authority was satisfied that the appeal was time barred, it could nonetheless have granted opportunity to the petitioner to apply afresh in accordance with law. In any event of the matter, this Court finds that the order dated 14.8.2006 of the licensing authority is not sustainable being contrary to the provision of the Arms Act which permit holding of at least three Arms licenses itself under Section 3 of the Act. The orders dated 14.8.2006 and 10.10.2009 are accordingly set aside. If the petitioner applies afresh for grant of an Arms license, let the same be considered in accordance with law and disposed off within a maximum period of two months from the date of receipt/production of a copy of this order. The application stands allowed. P.K ( Navin Sinha, J.)