Delhi High Court
Tc Sharma vs State Of Nct & Ors on 14 December, 2016
$~19
*IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 14.12.2016
+ W.P.(C) 10110/2015 & CM No. 27294/2015 & 7050/2016
TC SHARMA ..... Petitioner
versus
STATE OF NCT & ORS ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Tekchand Sharma, Adv.
For the Respondent : Mr. Peeyoosh Kalra, ASC with Ms. Sona Babbar and Mr.
Shiva Sharma, Adv. with SI Sandeep (Licensing Unit)
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. The petitioner has filed this petition seeking a mandamus to the
respondents to grant extension of time for purchase of pistol without
first selling the gun.
2. The Petitioner already has an arms licence for a 12 DBBL Bore
Gun. The petitioner intended to sell the same and purchase a
Pistol/Revolver. The petitioner applied for permission and the
respondents granted the same but imposed a condition that the
petitioner first sells of his DBBL and then purchase the
Pistol/Revolver. The period granted by the Respondents for sale of
the old Gun and purchase of the new Pistol/Revolver has lapsed.
3. Learned counsel for the respondents submits that the period for
sale of earlier weapon i.e. 12 DBBL pistol and purchase of a new
pistol/revolver has been extended till 15th June, 2017. However, a
condition has been imposed that the petitioner can purchase a new
pistol/revolver only after sale of the gun currently with him.
4. Learned counsel for the petitioner submits that there is a severe
threat perception and petitioner cannot be without a weapon even for
a single day. In the order dated 18.11.2015, the statement of counsel
for the respondents has been recorded to the effect that petitioner can,
on the date of acquiring the pistol, deposit his gun with any Police
Station or authorized arms dealer to be delivered to the buyer thereof.
5. In view of the above, the writ petition is disposed of directing
the petitioner to deposit his existing weapon with any Police Station
or authorized arms dealer to be delivered directly to the buyer thereof
on the very same day on which he acquires a new pistol/revolver.
6. It is clarified that the petitioner, in accordance with the rules,
shall duly intimate the respondents/licensing authority about the
proposed weapon that the petitioner intends to purchase and on receipt
of such intimation the respondents shall process the application and
issue the requisite NOC in accordance with law.
7. In view of the statement of the respondent dated 18.11.2015, to
the effect that the petitioner can deposit his earlier weapon with any
Police Station or authorized arms dealer to be delivered to the buyer
thereof on the very same day on which he acquires a new
pistol/revolver, the petitioner would not be required to dispose of his
DBBL Gun till he acquires the new Revolver/Pistol.
8. Copy of the order be given dasti under signatures of the Court
Master.
SANJEEV SACHDEVA, J
DECEMBER 14, 2016
'rs'
