World Sales Corporation v. Joint Commissioner of Police Licensing

1. This hearing has been done through hybrid mode. CM APPL. 51623/2022 (for exemption)

2. Allowed, subject to all just exceptions. CM APPL. 51623/2022 is disposed of.

3. This petition has been filed by the Petitioner - World Sales Corporation, a sole proprietary concern of Mr. Dushyant Yadav, seeking to quash the order dated 11.03.2022 and 16.12.2021 passed by the Respondent - Inspector/ Arms - Joint Commissioner of Police, Licensing Unit, Delhi Police relating to dealership license of air license weapons.

4. The Petitioner is stated to be in the business of supplying blank guns and cartridges to Bollywood and other movie/television industry. The said goods are imported by the Petitioner from foreign countries. The Petitioner had applied for an import license on 10th October, 2016. The same was approved by the Directorate General of Foreign Trade (DGFT) on 10th December, 2018.

5. It appears that parallelly, authorities including the Delhi Police sought certain documents from the Petitioner. Thereafter, the Petitioner was informed that the Competent Authority i.e. Hon’ble Lieutenant Governor (LG) - Delhi had not granted the approval. This was conveyed via order dated 16th December, 2021 and 11th March, 2022 passed by the licensing authority i.e. the Joint Commissioner of Police. The said orders as as under: “ Order dated 16th December, 2021 “Subject: Regarding Dealership License of Air Weapons including Air Rifles & Air Guns having muzzle eneray exceeding 20 joules of 15 ft lbs and or bore exceeding 0.177" or 405 mm and Blank Firing Firearms to M/s World Sales Corporation Sir, With reference to your application regarding the subject cited above, I am directed to state that on examination of the case, Competent Authority has rejected/declined the request of M/s World Sales Corporation.” Order dated 11th March, 2022 “Subject: Regarding appeal against order of rejection of application for Dealership License of Air Weapons including Air Rifles & Air Guns having muzzle energy exceeding 20 joules of 15 ft lbs and or bore exceeding 0.177" or 405 mm and Blank Firing Firearms to M/s World Sales Corporation. Sir With reference to your letter dated-16.01.2022, it is intimated that the Competent Authority (i.e. Hon'ble LG) has rejected/declined the request of M/s World Sales Corporation and accordingly the decision of Competent Authority was conveyed to you vide this office letter No. 3072-73/Joint CP/Lic (Arms Dealers) dated-16/12/2021. It is clarified that this office is not the Appellate Authority for filing appeal against the order of Hon'ble LG/Delhi. You may file an appeal before the appropriate Appellate Authority against the order of Competent Authority as per Section-18 of Arms Act, 1959 and Section-105 of Arms Rules, 2016.”

6. The grievance of the Petitioner is two fold i.e., that no reasons have been given for the rejection in the order dated 11th March, 2022 and that he was informed that the Hon’ble LG - Delhi has declined the request while the appeal filed by the Petitioner before the Hon’ble LG who is the competent authority is stated to be pending. The appeal is listed on 25th January, 2023. The Petitioner also moved an application for early hearing for the said appeal but no order has been taken up on the same.

7. According to the Petitioner, its entire business is held up due to the aforementioned orders.

8. Mr. Tripathi, ld. ASC, GNCTD submits that the appeal is listed on 25th January, 2023 and the same can be decided expeditiously.

9. It is not in dispute by either side that the appeal is currently pending before the Hon’ble LG. In these circumstances, it is directed that the appeal which has been filed by the Petitioner be now decided finally by 31st March, 2023 by a reasoned order.

10. The present petition is disposed of in the above terms. The remedies of the Petitioner, if any, are left open.

PRATHIBA M. SINGH JUDGE NOVEMBER 30, 2022Rahul/KT