IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.10377 of 2009 Date of Decision: 16.07.2009 Prem Krishan Sharma Petitioner Versus Commissioner, Patiala Division, Patiala and another Respondents CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH Present: Mr.Sherry K.Singla, Advocate for the petitioner ….. Jasbir Singh, J.(Oral) This writ petition has been filed with a prayer to quash order dated 23.1.2009 (P5), vide which, application of the petitioner, to renew his Arms licence, was rejected. Further challenge is to order dated 31.3.2009 (P6), rejecting his appeal. It is apparent from the records that the petitioner was granted licence to possess a weapon, which was valid upto 31.12.2000. After expiry of its validity, the petitioner did not move any application for renewal of licence. He kept the weapon with him. As per provisions of the Arms Act, 1959 (in short, the Act), he failed to deposit it in the police station or with a licenced dealer. On 17.8.2007, i.e. after a period of six years and eight months, he moved an application for renewal of the licence, which was dismissed vide order dated 23.1.2009, by invoking the provisions of Section Civil Writ Petition No.10377 of 2009 17(3)(B) of the Act. He went in appeal, which was dismissed vide order dated 31.3.2009. It was observed as under:- “I have heard the counsel for the appellant at pre hearing stage and have also gone through the order in question. In his case the Arms License of the present appellant was cancelled vide order dated 23.1.2009 passed by District Magistrate, SAS Nagar on the ground that the appellant is not physically fit to uphold the said license. Aggrieved by this order the present appeal has been filed in this Court on the grounds that the Civil Surgeon had issued a certificate that 19.9.2008 thereby stating that the appellant is medically fit then how the District Magistrate can come to the conclusion that the appellant is not physically fit to uphold the Arms License. In my opinion, the District Magistrate, SAS Nagar has rightly cancelled the Arms License of the present appellant as at the time of personal hearing before District Magistrate, the appellant cannot defend himself perfectly due to high blood sugar. Thus the District Magistrate had rightly observed that the appellant is not physically fit to uphold the Arms License. In view of the above, I do not find any illegality in the order passed by the District Magistrate, SAS Nagar. Thus there is no merit in the appeal filed and the same is hereby dismissed at pre hearing stage. For condonation of delay of six years and eight months in moving application for renewal, the petitioner submitted before the authorities below that he was medically unfit. No doubt, after issuance of show cause notice, he has submitted a certificate, showing him medically 2 Civil Writ Petition No.10377 of 2009 fit, however, thereafter, he was called by the Collector, who taking note of his physical health, rejected his application. Appellate authority has also rejected the appeal. Otherwise also, by keeping the weapon with him for a period of six years and eight months, without any licence, the petitioner has disentitled himself to hold an arm licence. Dismissed. 16.07.2009 (Jasbir Singh) gk Judge 3