NOC for renewal in case of criminal charges.

[mhksmk]

I've an All Maharashtra arms license, which was valid till 31/12/2016. I've been charged u/s 353 & 354D(ii), in two different cases which are currently sub-judice. I'll get acquittal from both as I've got concrete proof.

When I went for the NOC, for renewal, from the local police station the SI refuse to issue the NOC citing the criminal charges against me.

How can she refuse? I'm not yet proven guilty.

What should be done in such cases? Kindly advice.

Thank you.


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[goodboy_mentor]

What you are saying is correct but it is well known how the things are in this country.

I am not aware of anything called NOC under Arms Act or it's Rules. Regardless of the demand of NOC or no NOC or criminal charges may go to the office of licensing authority, politely and diplomatically submit arms license renewal application and get the proper written acknowledgement of the same. Getting official written acknowledgement is very important. Let them take their time to renew or reject the license application, it is a different matter. Once you are acquitted by court, you can apply again for renewal by attaching copy of court judgment. If you do not want to wait till you are acquitted then you may have to approach High Court for writ. You will be spending your time and money, but nobody can assure you what kind of judgment will be given by High Court.

[shanky_66]

Another way is estimate time you will need to prove yourself innocent ...if it is not pay more than six moths or year..renew later with late penalty...

[sameerchhapra]

Section 353 is preventing an officer from conducting his duty. And 354d is stalking a woman. Both serious charges and noc demand is justified. Doubtful getting that noc, considering we have a system of guilty until proven innocent. Good luck with that


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[goodboy_mentor]

Both serious charges and noc demand is justified.

Can anyone please mention the provision under Arms Act or it's Rules demanding NOC. If it is not there, then the "justification" does not exist because licensing authority has to act strictly within the four walls of Arms Act and it's Rules.

Person is legally innocent till proven guilty by court. About "serious charges" everybody is free to level any number of serious charges against anybody. Common reason for leveling false and fabricated charges is the vengeful mentality to "teach a lesson". About "serious charges", how many worthies in Parliament or state legislative assemblies or bureaucrats or police officials have had their arms licenses revoked who had way more serious charges against them?

[mhksmk]

I gave her the some of the Hon High Courts judgements. Out of which one was a recent judgement by Bombay HC, 2016. I got the NOC. Thanks friends for your valuable inputs.


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[goodboy_mentor]

That is really good. If you could also share the judgments here. Not the entire judgments but just the headings and small relevant parts. It would help everyone in similar situation reading this thread.

[mhksmk]

That is really good. If you could also share the judgments here. Not the entire judgments but just the headings and small relevant parts. It would help everyone in similar situation reading this thread.

https://indiankanoon.org/docfragment/40 ... ence%20%20

https://indiankanoon.org/docfragment/53 ... ence%20%20

https://indiankanoon.org/doc/179639586/

Above are the judgement copies which I submitted.