hello friends,

[lakshmipathiv]

this was my first post..
An fake case was filed against me under arms act 32.but had proved my self as not guilty in district court,the magistrate had cancelled the case stating that am not guilty,after one year of the issue, my licence was kept for renewal,they asked me to submit the judgement copy of the case which states that am not guilty,had submited all the document(medical certificate,ammunition details,judgement copies) to them,but "superintendent of police"of district had not recommend my application for renewal,had received a call from collector office that they are going to send me the notice for surrendering the weapon,so friends please tell me what should i do now?

[dr.jayakumar]

welcome friend.
get a good lawyer,who has wide knowledge of ''indian arms act and rule''.
http://www.indiansforguns.com/viewforum.php?f=4 have a look into this section.could be of some help.
regards
dr.jk

[lakshmipathiv]

can i request my "superintendent of police" by applying again for renewal??

[Vikram]

Just from what you wrote, there does not seem to be a justification to cancel your license. Do consult a lawyer, file an RTI petition about the grounds for the action and appeal against it. You can request your SP, but that may or may not help.

Best-
Vikram

[Kittu]

Hi where do you live.there is no way police can revoke your liecence they can only request to cancel your liecence under sec 17bc of arms act.if you have been aquited in case they can not.But its india where every burocrate have their own rule.dont give up if you get any notice answer just you have been aquittedof chrage thanks

[Kittu]

Hi it started 5years ago to disarm indians by MHA.Thanks to nagri they never achived it.But most state governments are followind adminstrative guide lines till now.But every indian will not reach high court for liecence

[lakshmipathiv]

hello mr.ashhokgodra,am from andhra pradesh,till now i havn't received any letter from them,they just called me and informed me that licence wasn't renewal, they are going to send me the notice for surrendering the gun..

[Kittu]

are you sure a case was filed under sec 32 of arms act.sec 32 is for confistication of arms and ammo

32. Power to confiscate.-(1) When any person is convicted under this Act of any offence committed by him in respect of any arms or ammunition, it shall be in the discretion of the convicting court further to direct that the whole or any portion of such arms or ammunition, and any vessel, vehicle or other means of conveyance and any resceptacle or thing containing, or used to conceal, the arms or ammunition shall be confiscated: Provided that if the conviction is set aside on appeal or otherwise, the order of confiscation shall become void.
(2) An order of confiscation may also be made by the appellate court or by the High Court when exercising its powers of revision.

[lakshmipathiv]

when the case was filed against me,the police had seized my gun,arrested me,the next day had got bail,with in a month had got my seized gun back from the court,with in a year the case was crashed,the case was not crashed in lokadalat court,it was done in normal process in investigation,
the authorities have not given me any notice at that time,they are troubling me now..
can i go to the human rights commision after receiving any notice from them?
guys please help me in this issue...

[lakshmipathiv]

welcome friend.
get a good lawyer,who has wide knowledge of ''indian arms act and rule''.
http://www.indiansforguns.com/viewforum.php?f=4 have a look into this section.could be of some help.
regards
dr.jk

thanku sir,had already filed a rit against the issue,in high court,am just waiting for the notice from them,
acctually police authorities was allowed a 60 days time period,for verification,it was completed 6 mnths of time,till now i havn't received any notice from them..

[lakshmipathiv]

Hello guys, to day had received an show cause notice from my local collector office..
Plz sugest me what to do now
1.to go to court directly or
2.To meet them personally

[veeveeaar]

Mr.Laksmipathi ,
Can you please elaborate on the actual case (fake or real) against you under what act and section. If you have a ruling of any court, saying that you are innocent, why fear about this show cause notice. Receive the show cause notice and attach the court order and reply to it point by point by registered post .If you appoint a lawyer, please get one with a good knowledge of the arms act and rules.

[goodboy_mentor]

Since arms are fundamental right under Articles 19 and 21 of the Constitution of India, arms license cannot be revoked on the whims and fancies of authorities. Arms license can be revoked only by following exactly the due process of law for revocation of license as enacted in the Arms Act 1959.

Yes if you appoint a lawyer, please get one with a good knowledge of the Arms Act and Rules. One who understands that Arms Act is flowing from the Articles 19, 21 and Article 51A(d) of the Constitution of India. In other words he should understand that on the combined reading of Articles 19, 51A(d) and the Objects and Reasons of Arms Act 1959, the doctrine of the Second Amendment of the US Constitution exists very much for the citizens in the Indian Constitution.

If you search the Legal Eagle Section of this website, you will find many good High Court judgements. Some of them can be read in the following links:
1. http://indiansforguns.com/viewtopic.php?f=4&t=15638
2. http://indiansforguns.com/viewtopic.php?f=4&t=15639

[Kittu]

Hi lakhmipathiv i have received a notice to show cause way back and i still have liecence.If you dont let members know under which ipc the case was registered against you.you first said 32 of arms act .Then you told you was arrestted and case busted in one year of investigations.If police arrests you in any case it has to produce chargesheet with in 90 days of arrest.kindly write the whole case in TROUTH then only you will get opinions of seniors thanks