adv_mohd_azad

TRANSFER AND GRANT OF FIRE-ARM LICENSE UNDER ARMS RULES, 2016

Under the new Arms Rules, 2016 (in supersession of the Arms Rules, 1962) except as respects things done or omitted to be done before such supersession, and under Rule 25 of the said rules , the following are the process and procedure for transfer of Fire-arms licenses :
These new “Arms Rules 2016” were notified with effect from 15th July 2016, but only became available on the e-gazette website on 21st July 2016.

Rule-25 : Grant of licences to legal heirs.─

(1) The licensing authority may grant a licence ─

(a) after the death of the licensee, to his legal heir; or

(b) in any other case, on the licensee attaining the age of seventy years or on holding the firearm for twenty-five years, whichever is earlier, to any legal heir nominated by him:

Provided that notwithstanding the provisions contained in Rule 12 of these rules, the licensing authority may grant a licence to such legal heir if the eligibility conditions under the Act and these rules are fulfilled by the said legal heir and there are no adverse remarks in the police report.

(2) Where a licensee leaves behind more than one legal heir and the legal heirs decide amongst themselves to retain the arm or arms of the deceased, one of the legal heirs nominated by all other legal heirs may apply for a licence under sub-rule (1) along with the following documents, namely:-

(i) a declaration of no-objection from the remaining legal heirs;

(ii) an indemnity bond executed by the applicant giving full details of the licence and the arm or arms endorsed thereupon; and

(iii) a copy of the death certificate of the deceased licensee.

Explanation. ─ “LEGAL HEIR”

For the purposes of this rule, ‘legal heir’ includes husband, wife, son, daughter, son-in-law, daughter-in-law, brother, sister and grandchildren of the licensee or the deceased licensee.

FOR GETTING A LICENSE FOR A FI****MS
Every application for the grant of a licence under the Arms Rules, 2016 shall be submitted in Form A-1 to A-14 as applicable to the category of the licence applied. Further separate Application Forms have been specified for allied services and other matters in Form B-1 to B-4 of the Arms Rules, 2016.

As per Rule 11 of the Arms Rules, 2016, an applicant has to submit the following documents along with the application form:
(a) four passport size copies of the latest photograph of the applicant (in white background);
(b) proof of date of birth;
(c) identification proof ─
(i) Aadhar Card; or
(ii) in case the applicant does not have Aadhar Card, a written declaration in the form of an Affidavit to be submitted in this regard along with an alternative identification proof which may include Passport or Voter’s Identification Card or Permanent Account Number (PAN) card or Identity Card issued to the employees;
(iii) in case of exemptee sports persons, shooters identification card issued by the National Rifle Association of India.

(d) residence proof in case the applicant does not possess Aadhar Card or Passport, which may include ─
(i) voter’s identification card; or
(ii) electricity bill; or
(iii) landline telephone bill; or
(iv) rent deed or lease deed or property documents; or
(v) any other document to the satisfaction of the licensing authority.

(e) safe use and storage of fi****ms undertaking referred to in subrule (4) of rule 10;
(f) for professional category applicant, referred to under clause (a) of sub-rule (3) of rule 12, self-attested copies of the educational and professional qualification certificates, wherever applicable;
(g) medical certificate about mental health and physical fitness of the applicant with specific mention that the applicant is not dependent on intoxicating or narcotic substances (in Form S-3);
(h) in case of an application for a licence in Form IV, the particulars specified in sub-rule (2) of rule 35 along with a permit from the authority empowered under the Wild Life (Protection) Act, 1972 (53 of 1972).
_✍️______________________________________etc.
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Drug and Psychotropic Substance - Meaning

The NDPS Act defines narcotic drug.as coca leaf, cannabis (h**p), o***m, poppy straw, derivatives/concentrates of all the aforementioned substances and other narcotic substances notified by the Central Government in the official gazette.
Further, psychotropic substances. are defined to include any natural or synthetic substances included in the list of psychotropic substances specified in the Schedule of NDPS Act....

and Exceptions under NDPS Act➡️

The NDPS Act punishes the possession, purchase, sale, transport, consumption etc. of a narcotic drug or psychotropic substance. Any use of narcotic drugs and psychotropic substances for scientific or medicinal purposes are exempted from the rigour of the law. However, even in those cases, one needs to obtain the required permit or authorisation.

Quantity versus Commercial Quantity➡️

The quantum of punishment under NDPS Act depends upon the quantity of narcotic drugs and psychotropic substances found. Small quantity means any quantity lesser than the quantity specified by the Central Government and commercial quantity] means any quantity greater than the quantity specified by the Central Government. Both small and commercial quantities for various drugs have been notified. For instance, for the substances seized by Narcotics Control Bureau (NCB) in the recent raids that led to the arrest of A***n Khan and others, small quantity and commercial quantity are as follows]-

➡️Narcotic drug/ psychotropic substance

Small quantity Commercial Quantity

Co***ne.

2grams. 100 grams

M**A

0.5 gram. 10 gram

Charas (cannabis)

100 grams. 1kg

under NDPS Act➡️

The punishment under NDPS Act becomes more stringent as the quantity of drugs found increases from small quantity to commercial quantity.

Punishment for contraventions relating to various substances, for possession, purchase, sale, use etc. in small quantity, is rigorous imprisonment up to one year, or fine up to ten thousand rupees, or both. Whereas if the quantity is between small and commercial, punishment is rigorous imprisonment up to ten years and fine up to one lakh rupees. For commercial quantity, punishment is rigorous imprisonment of ten to twenty years and fine of up to two lakh rupees.....

punishment➡️

There will also be enhanced punishment of one and half times the maximum term of imprisonment and one and a half times the fine, if one is convicted of an offence with the same amount of punishment after a previous conviction. NDPS Act also empowers the judges to impose a fine exceeding two lakh rupees while providing reasons for the same in the judgment...

WRT Consumption➡️

For consumption, the punishment is imprisonment of six months to one year or fine of ten to twenty thousand rupees or both, depending upon the types of drugs used.

WRT attempt, allowing use of premises for an offence➡️

Even the attempt to commit an offence under NDPS Act is punishable with the same punishment as that of the offence.. Similarly, if an owner or occupier or others of the same nature, knowingly permit the commission of an offence in their premises, it incurs the same punishment as if the offence was committed by them.

/suspension of sentence not allowed➡️

Owing to the serious nature of the offences, no sentence awarded under the NDPS Act can be commuted except the sentence awarded for consumption.

of Motive➡️

Crucially, while prosecuting an offence under NDPS Act, the accused is presumed to have the motive or culpable mental state required for commission of the offence and it is upon the accused to prove that he had no such mental state.

of Offence from Possession➡️

The accused is presumed to have committed an offence, unless and until the contrary is proved, if he is found to be in possession of narcotic drugs, psychotropic substances etc...

and Bail➡️

High Court is the court of appeal as per the NDPS Act... Every offence punishable under NDPS Act is cognizable i.e., the authorities can arrest without obtaining a warrant...

The issue of bail under NDPS is a contentious one. As per the heading of S.37 of NDPS Act, all offences under NDPS Act are non-bailable. ....
However, the same is not reflected in the text of S.37. It only mentions that bail cannot be granted in certain offences such as those that involve embezzlement of o***m by cultivator, trade in narcotic drugs and substances outside India, finance of illicit traffic or harbouring offenders and offences that involve commercial quantity, unless certain conditions are met with. The conditions to be met with before granting bail under NDPS Act are that the Public Prosecutor should be given an opportunity to oppose the release of the accused and where the Public Prosecutor opposes the release, in order to grant bail, the court must be satisfied that there are reasonable grounds for believing that the accused is not guilty of such offence and that he is not likely to commit any offence while on bail...