IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17860 of 2010 SHYAMCHANDRA PRASAD KUSWAHA . Versus THE STATE OF BIHAR & ORS . ----------- 2/ 03/12/2010 Heard learned counsel for the petitioner and learned counsel for the State. Since no counter affidavit had been filed, this Court requested for the presence of the Arms Magistrate to expedite disposal of the matter. The Magistrate concerned is present and the order is being passed in her presence. The petitioner contends that he possessed a firearm under a valid licence and which came to be renewed from time to time. Unfortunately, by a notification of the Union of India the arms possessed by the petitioner came to be classified as a ‘prohibited bore arm’ for which licence cannot be granted. The petitioner desires to dispose off that firearm and he wishes to be considered for licence of a permissible caliber of a firearm. He claims to have deposited the renewal licence fee of Rs.150/- in the prescribed form in January, 2009 notwithstanding which his request for grant of a new arms licence was not granted. It is submitted that his efforts to surrender the prohibited firearm have also been set at naught by refusal of the authorities to accept the - 2 - same. The petitioner desires to dispose it off in accordance with law. If the petitioner deposits his firearm in safe custody before an appropriate authority in accordance with law and then seeks permission for disposal of the prohibited firearm, the authorities are required to consider the same strictly in accordance with law within a maximum period of two months from the date of receipt/presentation of such application. Insofar as the petitioner’s application for grant of a fresh arms licence is concerned, no sooner that he deposits his prohibited firearm in safe custody in accordance with law, the present application has to be considered forthwith. This Court would not like to go into the allegations and counter allegations with regard to the deposit of the licence fee which consists of an amount of Rs.150 only. If the petitioner applies afresh after deposit of the licence fee of Rs.150/-, the authorities are directed to consider his application for grant of licence in accordance with law and dispose it off within a maximum period of one month from the date of receipt/presentation of a copy of this order. The writ application stands disposed. KC ( Navin Sinha, J.)