Bijender Singh v. Commissioner of Police and Anr

RAJIV SAHAI ENDLAW, J. DECEMBER 22, 2015 'gsr' (corrected & released on 9th January, 2016)

*IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 22nd December, 2015 + W.P.(C) 7466/2014 BIJENDER SINGH ..... Petitioner Through: Mr. G.P. Thareja & Mr. Vineet Bahl, Advs. Versus COMMISSIONER OF POLICE AND ANR ..... Respondents Through: Mr. Siddhartha Shankar Ray, Adv. CORAM:- HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. The petition impugns the order dated 9th July, 2014 of Hon'ble the Lieutenant Governor, Delhi acting as the Appellate Authority under Section 18 of the Arms Act, 1959 of dismissal of the appeal filed by the petitioner against the order dated 5th September, 2013 of the Joint Commissioner of Police, Licensing Unit, Delhi cancelling the arms licence bearing No. ODBP/12/2013/1 of the petitioner. 2. Notice of the petition was issued and a counter affidavit has been filed by the respondents. The petitioner inspite of opportunity has not filed rejoinder. The counsels have been heard. 3. It is the case in the petition: (i) that the petitioner is a permanent resident of village Jawahar Nagar Elam, Police Station Kandhla, Tehsil Shamli, District Muzaffarnagar, Uttar Pradesh but used to visit Delhi in respect of his business dealings and also purchased plot No.C-18, situated at Jain Nagar Extension, Karala, Delhi and thereafter constructed a house thereon in the year 2000; (ii) that the petitioner however did not shift his residence to Delhi and let out the aforesaid house at Delhi and himself continued to live at his native place aforesaid where his children were also studying; (iii) that the petitioner, in the year 2008, upon learning that fresh Voter Identity Cards were being issued in Delhi, came to Delhi and got his Election Identity Card prepared and issued in the year 2008 at the address of the aforesaid property at Delhi though his tenant was residing therein; (iv) that all other identification proof of the petitioner are of Uttar Pradesh; (v) that since the petitioner had to extensively travel in connection with his business dealings, he in view of threat perception to himself applied for and was issued on 21st December, 2011 an arms licence from the office of the District Magistrate, Muzaffarnagar (subsequently changed to District Prabuddha Nagar and since named as District Shamli); (vi) that in or about November, 2012, the petitioner shifted his residence to Delhi at the aforesaid house and got his arms licence transferred to Delhi and the requisite endorsement was made by the Joint Commissioner of Delhi Police (Licensing) on the arms licence of the petitioner on 26th February, 2013; (vii) that the petitioner prior to shifting to Delhi, on 21st September, 2012, had applied to the authorities at Uttar Pradesh to extend the territorial validity of his arms licence, also to the states of Delhi, Haryana and Uttarakhand since the petitioner was travelling to the said States also; that after the arms licence of the petitioner had been endorsed at Delhi as aforesaid, the petitioner on 5th July, 2013 got endorsement from the Uttar Pradesh authorities in response to the request dated 21st September, 2012 aforesaid, that his arms licence had been extended to the States of Delhi, Haryana and Uttarakhand also; (viii) that the respondent no.2 Joint Commissioner of Delhi Police (Licensing) served a notice dated 19th July, 2013 asking the petitioner to show cause why his arms licence should not be cancelled for the reason of the petitioner having obtained licence from Meerut while residing in Delhi and by misrepresenting facts and having thus violated Rules 51 and 62(3)&(4) of the Arms Rules, 1962; (ix) that though the petitioner responded contending that he had not misrepresented but the respondent no.2 Joint Commissioner of Delhi Police (Licensing) vide order dated 5th September, 2013 cancelled the arms licence of the petitioner and directed the petitioner to deposit his weapon with the authorized arms dealer or the concerned police station; (x) that the petitioner deposited his weapon and also preferred the statu