Zubiya Khan vs The State Of Madhya Pradesh on 4 December, 2025

Author: Vishal Mishra

Bench: Vishal Mishra

1 WP-41233-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
WP No. 41233 of 2025
(ZUBIYA KHAN Vs THE STATE OF MADHYA PRADESH AND OTHERS )

Dated : 04-12-2025
Shri Anil Khare - Sr. Advocate with Shri Priyank Agrawal, Advocate

for the petitioner.
Shri Swapnil Ganguly - Dy. Advocate General for the
respondents/State.
Shri Mohammad Aadil Usmani - Advocate for the respondent no. 3.

Heard on IA No.20877/2025 filed for taking the documents on records.
2. For the reasons mentioned therein, the said IA is allowed and the
documents are taken on record.
3. Heard on IA No.20876/2025, an application seeking recall of the
order dated 17.10.2025, whereby the petitioner has been directed to surrender
her weapon / arm to the police authorities.
4. It is the case of the petitioner that she is a declared renowned
shooter by the National Rifle Association of India (NRAI). The order issued
by the Collector which is under challenge is per se illegal as the same has

been passed exercising powers under Section 17 (3) of the Arms Act holding
that the sports weapons which are used by the participants like the petitioner
do not fall under the sports category. Sports arms are to be considered under
different categories. Several arguments have been advanced before this Court
contending the same and to demonstrate that the petitioner is using approved
weapon by the NRAI. Modification / recalling application has been filed on

Signature Not Verified
Signed by: JITENDRA
KUMAR PAROUHA
Signing time: 17-12-2025
18:39:50
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the ground that the petitioner is to participate in the on going shooting
championship. The petitioner has participated in the said events but due to
the fact that she does not possess the sports weapon as the same is deposited
to the authorities in view of the order of this Court, therefore, she could not
participate. Therefore, modification is sought to the extent that she be
provided weapon to enable her to participate in the sports activities. They
have brought to the notice of this Court several judgments to show that
cancellation of arm license can be done in terms of the provisions of Arms
Act and not otherwise.
5. It is further pointed out that in one of the cases, the National
Refile Association has filed their reply (in W.P.No.40248/2025), whereby
they have virtually supported the case of the petitioner without taking an

opinion from the National Rifle Association of the India, the learned
Collector has passed the impugned order which is per se illegal. Therefore,
the application for modification is filed.
6. Counsel appearing for the State has vehemently opposed the
contentions raised by the petitioner contending that in the maximum cases,
the petitioners have not participated in any of the events. They failed to
demonstrate that within preceding period of two years, they participated in
any of the sports events. Therefore, the said modification application cannot
be entertained. They may be granted an opportunity to file a detailed reply in
the matter. There is an alternative and efficacious remedy to approach the
appellate authority as some of the petitioners have approached the appellate
authority for redressal of their grievances. But as this Court has taken

Signature Not Verified
Signed by: JITENDRA
KUMAR PAROUHA
Signing time: 17-12-2025
18:39:50
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cognizance in the matter looking to the sensitivity of the matter, the
modification is not required. They ensure filing of the reply within four
weeks. They have also pointed out that in terms of NRAI Matchbook, 2024,
specially Rule 17.1 which clearly prescribes the kind of rifles or arms used
for the sports events. They do not match with the rifles sanctioned to the
petitioners. The guns which the petitioners are possessing do not belong to
the sports category. The said aspect was considered by the Collector in detail
and after considering the inquiry report, has passed the impugned order that
being does not require any interference.
7. Learned Deputy Advocate General appearing for the State has
taken a very serious objection that in the sports category the renowned
shooters are entitled for large number of bullets. It is pointed out that there
are three categories under the arms. They can purchase bullets varying from
30,000 to 1,00,000. They are required to maintain the records pertaining to
the use of such bullets. They are required to show that they have regularly
practiced in the area notified by the Government because they are not
permitted to carry these weapons in public. They are in possession of a large
number of weapons beyond the permissible limits. It is further contended that
the case laws which are relied upon are with respect to license of different
categories i.e. arms license category and the petitioners are holding arms
under sports category license. Therefore, they cannot be equated and the
judgment relied upon will be of no help to the petitioners. Therefore, the
application should not be allowed and they may be granted some time to file

a detailed reply in the matter.

Signature Not Verified
Signed by: JITENDRA
KUMAR PAROUHA
Signing time: 17-12-2025
18:39:50
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8. Heard the learned counsel for the parties and perused the record.
9. The grounds which are taken in the modification application are
that the petitioner is the renowned shooter and is required to participate in
the ongoing sports events. She is required to show that she is regularly
participating in the sports events. In the present case, the petitioner has
participated in the sports events and a details whereof are as under :-
Sr. Documents/
Events Year
No. Annexures
23rd M.P. State Shooting Championship, Annexure-
1. 2021
Indore. P/6
27th M.P. State Shooting Championship, August, Annexure-
2.
MHOW, Indore 2024 P/6
0755 India Open Competition In Rifle & Nov. Annexure-
3.
Pistol Events, Bhopal 2024 P/6
11th West Zone Shooting Championship Annexure-
4. Oct.2024
(Rifle/Pistol) Pune, Maharashtra P/6
67th National Shooting Championship Dec. Annexure-
5.
Competitions (Rifle events), Bhopal 2024 P/7
15th M.P. State Shotgun Shooting June, Annexure-
6.
Championship (NR Events), MHOW, Indore 2025 P/6
07324 India Open Competition (Big Bore March, Annexure-
7.
event) MHOW, 2025 2025 P/6

10. From the aforesaid, it is seen that the petitioner is regularly
participating in sports events within two preceding years in terms of the Rule
12 (3) (b) of the Arms Rules, 2016, which reads as under:-
"12. Obligations of licensing authority in certain cases.-
(1) xxx
(2) xxx
(3) For grant of a licence for the permissible arms or
ammunition specified in category III in Schedule I, and
without prejudice to the provisions contained in clause
(a) of sub-section (3) of section 13, the licensing
authority, based on the police report and on his own
assessment, may consider the applications of ─
(a) xxx
(b) any dedicated sports person being active
member for the last two years, of a shooting

Signature Not Verified
Signed by: JITENDRA
KUMAR PAROUHA
Signing time: 17-12-2025
18:39:50
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club or a rifle association, licensed under
these rules and who wants to pursue sport
shooting for target practice in a structured
learning process;"
11. Rule 36(3) and Rule 37 of Arms Rules, 2016 reads as under:-
"36. Licence for training and target practice.─ (1) xxx
(2) xxx
(3) The use of arms that are licensed for the
purpose of sport shooting shall be limited to
practice and competition at sport shooting
clubs or at shooting ranges."
***

"37. Licence for sport shooting association. ─ (1) Sport shooting association or a club or a military mess affiliated to the respective State Rifle Association or National Rifle Association of India, shall be eligible to apply for a licence in Form V and to acquire and possess arms and ammunition that are used and/or stored at their premises. (2) An application under sub-rule (1) for grant of a licence at the time of initial grant or at every subsequent renewal thereof, shall be submitted along with the following documents, as may be applicable, namely:-

(a) its memorandum and articles of association and the membership rules;

(b) the lists of office bearers and permanent members;

(c) particulars of the accredited shooting range for training and target practice;

(d) details of the training/target practice activities undertaken for promoting or encouraging the sport of shooting;

(e) details of the shooting sport tournaments or events conducted;

(f) details of safe storage of arms and ammunition specified under rule 10; and

(g) complete records of the ammunition consumed by the club or association and/or its members.

(3) Where a licence in Form V has been granted in the name of any sport shooting association or club or a military mess, it shall be lawful for any member of such mess, club or association to use the arms or ammunition covered by such licence at the approved shooting range mentioned in the licence for the purpose of training and target practice,

6 WP-41233-2025 subject to the conditions of the licence.

(4) Where a member of a rifle club or association intends to take the arms and ammunition out of the premises of the club or association for the purpose of repair or to a shooting range for training or target practice or for participation in a shooting competition, he shall be required to carry a pass in Form V-B signed by the President or the Secretary of the club or association in respect of the arms and ammunition and in the area and for the period specified in the pass."

12. Section 13(3)(b) of the Arms Act reads as under:-

"13. Grant of licences.- (1) xxx (2) xxx (3) The licensing authority shall grant--

(a) xxx

(b) a licence under section 3 in any other case or a licence under section 4, section 5, section 6, section 10 or section 12, if the licensing authority is satisfied that the person by whom the licence is required has a good reason for obtaining the same."

13. A notification issued by the Ministry of Home Affairs is brought to the notice of this Court which gives details of the various categories of renowned shooters. The kind of sports weapons they are entitled to. The relevant definitions in terms of aforesaid notification and Schedule are as under:-

"2. Definitions For the purposes of this notification ~

(a) "International Championship" means the Asian Games, the Asian Shooting Championship, the Asian Women or Asian Junior Shooting Championship, the Commonwealth Games, the Commonwealth Shooting Championships, the Olympic Games, the World Junior or Senior Shooting Championships and the World Cups in Senior as well Junior events;

(b) "International Medalist" means a person who has won an individual or team medal in an International Championship;

(c) "Renowned Shooter" means a person who has participated in a National Shooting

7 WP-41233-2025 Championship in an Open Men's Event or Open Women's Event or Open Civilian's Event whether through Qualifying Tournament or Wild Card Entry conducted in accordance with the rules of International Shooting Union and has attained the Minimum Qualifying Score specified by the National Rifle Association.

(d) "Junior Target Shooter" means a person who has completed the age of twelve years but is below the age of twenty one years and has taken part in at least one State Championship (held once a year) or in the Zonal Championship or National Level Shooting Competition recognised by National Rifle Association and/or by respective State Rifle Association;

(e) "Aspiring Shooter" means a person who has taken part in at least one State Championship (held once a year) or in the Zonal Championship or National Level Shooting Competition recognised by National Rifle Association and/or by respective State Rifle Association and attained the Minimum Qualifying Score specified by the National Rifle Association of India."

SCHEDULE Exemptions related to possession of Arms Categories/ Persons or class of Sr.No. descriptions Conditions persons of arms (1) The total number of weapons exempted shall not exceed seven

(i) Rifles in in addition to the number of calibre .22 weapons he is entitled to possess Long Rifle as a normal citizen as per the (also known provisions of the Act, subject to as .22 LR); an overall ceiling of ten weapons.

(ii) Center fire Rifles (2) The person must hold a with calibers certificate issued by the up to 8mm appropriate certifying body including all referred to in paragraph 3 of this calibers lower notification.

than 8mm;

Note:

(iii) Pistol/

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2. International Revolvers of (a) If a shooter is renowned in Medalist/Renowned caliber up to one event only, the maximum Shooter and including number of weapons he can 9 mm but possess shall be seven (ie. four in excluding 9 the exempted category plus three mm weapons which he can possess as parabellum a normal citizen under sub-

(9x19 mm); section 2 of Section 3 of the Act);

(iv) Shotguns of caliber up (b) If a shooter is renowned in to more than one event, the 12bore/gauge maximum number of weapons he including all can possess shall be ten (ie. calibers lower seven in the exempted category than plus three weapons which he can 12bore/gauge. possess as anormal citizen under sub-section 2of Section 3of the Act).

(1) The exemption is restricted to Type of arms one weapon of any category in used in the which the person is a Junior event in Target Shooter.

Junior Target

3. which the Shooter (2) The person must hold a person is a Junior Target certificate issued by the Shooter. appropriate certifying body referred to in paragraph 3 of this Notification.

14. Further, the quantity of ammunition to sports persons, shooting associations, etc. are as under :-

Quantity and Persons or Type of firearm description of S.No. class of each kind of persons ammunition.

                                                                                     To be          Purchasable
                                 1.    .....         ......                          possessed at during the
                                                                                     any one time year
                                                     Rifle/ Pistol.22 LR; Center- 50000             100000
                                       International
                                                     fire rifle with caliber up to 8
                                 2.    medalist /                                    for all types for all types
                                                     mm, Revolver/Pistol;
                                       renowned

Shotgun of caliber up to 12 of firearms of firearms shooter collectively collectively.

bore/ gauge Rifle/Pistol.22 LR; Center-

9 WP-41233-2025 Rifle/Pistol.22 LR; Center-
                                                                                      10000           30000
                                                      fire rifle with caliber up to 8
                                        Junior target mm;                             for all types   for all types

                                        shooter                                       of firearms     of firearms
                                                      Revolver/Pistol; Shotgun of
                                                                                      collectively    collectively
                                                      caliber up to 12 bore/ gauge.
15. From the aforesaid, it is clear that the petitioner is participating in sports events on regular basis. There is a sports events going on, in which, he is willing to participate. Under these circumstances, this Court deems to permit the petitioner to participate in the events on following terms :-

(i) Petitioner is directed to appear before the Collector with all relevant documents to show his continuous participation in sports events.

(ii) He will produce documents to show his participation in on going or future sports events due to start in December, 2025.

(iii). The Collector after examining the documents, if satisfied with all the documents, will issue directions for release of his sports arms in terms of the notification issued by the Ministry of Home Affairs to enable the petitioner to participate in sports events. Only permissible arms will be released.

(iv). Petitioner will maintain all records pertaining to number of bullets he possesses and used by him during practice or in sports events.

(v). Petitioner is not permitted to carry his arms in any open or public area which is not permissible under the Act.

(vi) After handing over the weapons, the petitioner is required to practice at the shooting range which is duly approved by the Government under intimation to the Collector and the Superintendent of Police concerned.

(vii). The participation of the petitioner will be under intimation to the Collector or Superintendent of Police of the concerning area.

16. This order is passed in addition to the earlier order dated 17.10.2025 whereby the petitioner was directed to surrender his weapon.

17. Accordingly, the application for modification is allowed to the

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extent as indicated herein above.

18. The State authorities are granted four weeks' time to file reply to the petition, failing which, OIC will remain present before this Court to explain the same.

19. This Court is already ceased with the matter and has passed an interim order for surrendering of the arms vide order dated 17.10.2025. It it is a bye party order passed in the presence of the Government Advocate after hearing both the parties. But, despite of the same, the appeals are preferred before the Commissioner and the the appeals have been entertained by him, and interim relief have been granted staying the order of the Collector. Once this Court is already ceased with the matter by passing bye party order dated 17.10.2025, then how the Commissioner has entertained the appeals and stayed the order passed by the Collector, could not be explained by the State counsel.

20. An explanation of the Commissioner is directed to be sought that under what circumstances, he has entertained the appeals and stayed the order passed by the Collector by the next date of hearing.

21. List the case in 2nd week of January, 2026 for further consideration.

CC as per rules.

(VISHAL MISHRA) JUDGE

JP

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