Arms Licence holder detained under section 151 of CrPc

[ruger_rugged]

A friend of mine in India who is Arms Licence holder needs help. He changed is place of residence and applied for re-registration of his arms licence with the LA in whose jurisdiction he shifted his residence. Within 25 days of applying he got involved in a brawl and was detained for about 14 hours under section 151 of CrPc. No arms were involved in the incident and it was resolved there and then itself. This incident occurred under the jurisdiction of police station he resides. Now after several months the LA after receiving NOC from old LA has asked the police station to verify place of residence for re-registration. He has been asked by police station to provide 1) Prof of address and 2) An affidavit on Rs. 100/- stamp paper that he has never been convicted or arrested in any state of India and that no cases are pending against him. There are no cases pending and he has neither been convicted. But he is worried about that arrest incident. He will have to mention on affidavit that he has been detained under 151 with FIR no dt. Can his licence be cancelled by LA on the grounds that he has been involved in a brawl and has been detained under Sec 151 of CrPc? Gurus pls advice?

Thanks
ruger

[FN-Five-Seven]

Within 25 days of applying he got involved in a brawl and was detained for about 14 hours under section 151 of CrPc.

Was a FIR lodged by the police ?

No arms were involved in the incident and it was resolved there and then itself.

Please elaborate , how the matter was "resolved there and then " and by whom ?

Regards

F-N-Five-Seven

[Anand]

IMHO,The pendency of cases against him or her, or for that matter the arrest of an Arms Licensee, is in itself not a disqualifier with regards to matters of issuing, renewing, re-registering of new address or varying of conditions on the Arms License.

Unless the matter has been gone into some depth, the Authorities cannot arbitrarily suspend cancel or revoke an Arms License just because the licensee was arrested. This can happen when it is proven in court that the licensee is guilty of the said crime, or earlier only when the authorities have reason to believe that his holding Arms may be dangerous to others etc.

One of the reasons that the Election Commission has issued orders to have some troublemaking licensees deposit their fire arms with dealers or police stations is that there are licensees who have not only cases pending against them, but also in some case they may been convicted and even sentenced to a term in jail.

Please understand that a person may be arrested for reasons other than violent or physical crimes, such as economic or other offences, these then do not automatically preclude holding an arms license. So when signing the affidavit, it would be wise to take the advice of a lawyer as to how the affidavit is framed.

Regards,
Anand

[ruger_rugged]

I am not sure on FIR. Will check with him.
Brawl - A guy was running a transport godown in neighborhood of my friend's residence. It is residential zone. He requested him not to do his loading-unloading job which created lot of noise at night as it disturbed sleep. The guy though agreed but continued his nuisance. At around 2 AM in night this guy was loading a truck and making hell lot of noise. My friend woke up due to this noise and walked out and broke all glasses of the truck in loading. He then went to police station and the other part also reached there. It was Ganpati visarjan day and police was on alert here in Maharashtra. The police took statement from the victim and arrested my friend and put him in lock up. He was released in the morning. No bail was required. He was not produced before magistrate either. The charge put was sec 151 of CrPc. After being released my friend made complaint to police against the illegal business of this guy in residential zone. But yes after the incident, the guy stopped his activities at night.

Thanks & Regards,
ruger

[FN-Five-Seven]

At around 2 AM in night this guy was loading a truck and making hell lot of noise. My friend woke up due to this noise and walked out and broke all glasses of the truck in loading.

This was a very big mistake on the part of your friend . I know, it's quite natural for a person to lose his cool when disturbed in sleep , but he shouldn't have taken the law into his own hands . As per Law , he should have complained about the transporter to the police .

I believe during the process of re-registration of the Arms License , a Police Verification is done . So if your friend was arrested and put in lock-up overnight , I hate to say it , but I don't think there is much chance that the Police Officer in-charge of your friend's Police Verification is going to put in a good report to the Licensing Authority .

Regards

F-N-Five-Seven

[ruger_rugged]

Thanks Anand & F-N-Five-Seven

[nagarifle]

please refer to the arms act. which i beleive says convited of crime/jailed for crime and not a night spent in local thana which per sa in not a jail.

[Kittu]

A person arrested under sec 151 of crpc does not provide any proof that he is criminal.It is only action taken by I.O to avoid anyfurther voilense and is never registered as F.I.R.so dont worry about anything there is no record to prove him guilty.Kindly mention the incident in affidavite which is govern by indian auth act.there will be no problums as in my state it is known as 7/51 kalandra its a meger weapon of police to save theire neck

[dhananjay]

One way to make affidavit is to paraphrase the thing to say that the deponent has never been convicted or charged under any crime, this is correct as Sec 151 Cr.P.C is in regard to preventive detention so what you will say in affidavit is not false. No FIR is lodged in Sec 151 and detention under it is not arrest, but there is a register known as General Diary (G.D.) which may have the entry of the incident. If the incident is old or the staff has changed then I think he will have no trouble.

[ruger_rugged]

Thanks Naga, ashikgodara and dhananjay.