The Madras High Court on Thursday held that there was no prohibition under the law for a person to obtain licences for possessing more than one firearm and therefore, the Commissioners of Police or the Collectors could not refuse licence to an applicant on the sole ground that he/she was already in possession of one.
Justice M.S. Ramesh held so while allowing a writ petition pending in the court since 2005. Estate owner, S.R. Kumar, from Nagercoil in Kanniyakumari district had filed the case stating that he was cultivating coconut, rubber and spices in vast extent of lands at Maramalai, Vazhayathuvayai, Palkulam and other localities.
Since he was aged about 50 at the time of filing the writ petition and required a revolver for his protection, he made an application to the Collector seeking licence. However, the then Superintendent of Police wrote to the Collector stating that the petitioner already possessed a Single Barrel Breach Loading (SBBL) gun and hence the licence was to be denied.
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The petitioner’s counsel, A. Kalam, brought it to the notice of the court that there was no bar under the Arms Act of 1959, for an individual to possess two fire arms if he so desired and hence the Collector had erred in denying licence solely on that ground alone. He also read out the legal grounds on which a licence for possessing firearms could be denied.
Convinced with his submissions, Justice Ramesh said: “When the petitioner has no adverse remarks, particularly, when he was already in possession of a SBBL Gun earlier and in the absence of any bar under Section 14 of the Arms Act, 1959, this court is of the view that the petitioner is entitled to a licence for possessing a revolver.”
He also made it clear that the officials could not force the petitioner to surrender his gun for the purpose of obtaining a licence to possess a revolver and directed the Collector to reconsider the application for licence within three months.
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