Rakesh Kumar Pandey v. Govt. Of NCT Of Delhi

#2 $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 2222/2016 & CM APPL. 9589/2016 RAKESH KUMAR PANDEY ..... Petitioner Through Mr. R.K. Jha, Advocate versus GOVT. OF NCT OF DELHI ..... Respondent Through Mr. Naunidh S. Arora with Mr. Kanwal Kishore, Advocates for Delhi Police (Licensing).

CORAM:

HON'BLE MR. JUSTICE MANMOHAN

O R D E R

% 29.03.2016 Present writ petition has been filed challenging the order dated 26th November, 2014 passed by Lieutenant Governor, whereby the appeal preferred by the petitioner under Section 18 of the Arms Act, 1959 against the order of the Additional Commissioner of Police was dismissed on the ground that the arms licence was initially issued in someone else‟s name and was subsequently transferred in favour of petitioner, without following the guidelines of Ministry of Home Affairs regarding extension of area and transfer of weapons.

Learned counsel for petitioner states that petitioner‟s name is not mentioned in the list of 352 candidates whose names had been recommended by the Ministry of Home Affairs for cancellation of arms licences.

Learned counsel for petitioner further states that the petitioner is a

security guard and he requires the firearm for a living. However, a perusal of the paper book reveals that the petitioner‟s arms licence was issued in Nagaland even though the petitioner is not a permanent resident of said State and had not received the weapon either as inheritance or as a family member.

This Court is of the view that in the present case guidelines for transfer of weapons framed by the Ministry of Home Affairs have been violated. Consequently, the fact that the petitioner‟s name is not mentioned in the list of 352 candidates is irrelevant and inconsequential. Accordingly, present writ petition and application being bereft of merits are dismissed.

MANMOHAN, J MARCH 29, 2016 rn