Delhi Police strikes back, threatens to cancel my license...

The legal aspects of owning, shooting, importing arms/ ammo and other related legal aspects as well as any other legal queries. Please note: This INCLUDES all arms licensing issues/ queries!
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brihacharan
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Re: Delhi Police strikes back, threatens to cancel my licens

Post by brihacharan » Wed Jul 31, 2013 11:14 am

Just for information....
My arms license initially was valid to carry & transport my weapons within the Maharashtra State...
Each time I went out of the state for a shoot, I had to apply for a permit at a nominal fee of Rs.15/- whose validity was 30 days from the date of issue.
After several trips I applied for a All India Permit, attaching copies of the earlier temporary permits...
Within a fortnight I was granted a All India Permit :D
Those were the days :D
Briha

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Re: Delhi Police strikes back, threatens to cancel my licens

Post by inplainsight » Wed Jul 31, 2013 11:36 am

Can anyone get me PDF copies of the following orders

Chhanga Prasad Sahu V. State of Uttar Pradesh, AIR 1986 ALL 142
Kailash Nath V. State of Uttar Pradesh, Air 1985 ALL 291

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Re: Delhi Police strikes back, threatens to cancel my licens

Post by goodboy_mentor » Wed Jul 31, 2013 12:47 pm

You can download them as pdf from the following links by clicking "Get this document in PDF":
http://www.indiankanoon.org/doc/295722/
http://www.indiankanoon.org/doc/1021267/
"If my mother tongue is shaking the foundations of your State, it probably means that you built your State on my land" - Musa Anter, Kurdish writer, assassinated by the Turkish secret services in 1992

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Re: Delhi Police strikes back, threatens to cancel my licens

Post by Virendra S Rathore » Fri Aug 02, 2013 8:37 pm

Arms Act 1959, Section 17.3 :-
The licensing authority may by order in writing suspend a license for such periods as it thinks fit or revoke a license—
(a) if the licensing authority is satisfied that the holder of the license is prohibited by this Act or by any other law for the time being in force, from acquiring, having in his possession or carrying any arms or ammunition, or is of unsound mind, or is for any reason unfit for a license under this Act; or
(b) if the licensing authority deems it necessary for the security of the public peace or for public safety to suspend or revoke the license ; or
(c) if the license was obtained by the suppression of material information or on the basis of wrong information provided by the the holder of the license or any other person on his behalf at the time of applying for it; or
(d) if any of the conditions of the license has been contravened; or
(e) if the holder of the license has failed to comply with a notice under sub-section (1) requiring him to deliver-up the license.
-----------------------------------------------------------------------------------------

@inplainsight,
The lawyers at this forum would soon pitch in. I personally don't see any ground at all, unless you were stating travel as the primary reason and then cancelling all your travels. You've done it only for a few times which is perfectly usual for a frequent traveler.
Even if it had happened, that doesn't amount to lying and that certainly doesn't become a ground to devoid someone from his license.
Actually you might be hurting the business of these guys by helping other people in getting licenses. That is what has made it personal.
The more difficult it gets to acquire a license, the better their shops run.
Don't worry, I believe you'll prevail.

A good lesson for applicants here. Please be very very careful about what you're writing to support your license application.
Not saying that inplainsight made any mistake, but we know that we're fighting in a system ruled by thugs, there's no leeway after all. They use the tiniest of an excuse to turn the law against us. So just a suggestion.

Lastly, I request the legal fraternity @ IFG to extend all help to inplainsight. This is the time when we have to come together and show strength for each other.

Regards,
Virendra
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Re: Delhi Police strikes back, threatens to cancel my licens

Post by inplainsight » Fri Aug 02, 2013 9:02 pm

Vikram & GBM,

Thanks for the help. Their claim can easily be rubbished, not just on technical grounds but also based on the fact that I DID infact travel on ALL those dates. Here is an example

I obtained a TL from 5/5/2013 - 24/5/2013 my Train ticket for 5/5/2013 was confirmed on Train A and I had waiting list tickets for 24/5 on two trains (A&B). While obtaining the TL I provided the tickets for train A. On 22/5/2013, my ticket for train B was confirmed, so I canceled the ticket on train A and traveled on train B. Luckily, my office keeps hard copies of all my tickets and their cancellation receipts. So not only can I prove that I traveled, but I can also prove when and why i had canceled a certain ticket!!! Hell I can actually go back 5 financial years and let them know when and why i traveled! It also helps that I the DM's office is right next to my favorite breakfast place in UP and I always submit my TLs and take a receiving (with date) the instant I reach UP.

One thing that I didn't mention earlier, but I had been suspecting some foul play since I had sent letters to the LA's office and actually deposited both my weapons the day I found out that he will be transferred! So, my weapons were actually deposited with an Arms Dealer almost 10 days before the order for cancellation was passed. (If you've read my posts then you will know that I had been threatened by the LA's office once and was give this exact scenario as an example of how they can create trouble for me..)

Thanks for the support, I will be posting my appeal here soon.

Regards
Last edited by inplainsight on Tue Sep 17, 2013 1:16 pm, edited 1 time in total.

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Re: Delhi Police strikes back, threatens to cancel my licens

Post by AgentDoubleS » Sat Aug 03, 2013 7:49 am

inplainsight wrote:Vikram & GBM,

Thanks for the help. Their claim can easily be rubbished, not just on technical grounds but also based on the fact that I DID infact travel on ALL those dates. Here is an example

I obtained a TL from 5/5/2013 - 24/5/2013 my Train ticket for 5/5/2013 was confirmed on Train A and I had waiting list tickets for 24/5 on two trains (A&B). While obtaining the TL I provided the tickets for train A. On 22/5/2013, my ticket for train B was confirmed, so I canceled the ticket on train A and traveled on train B. Luckily, my office keeps hard copies of all my tickets and their cancellation receipts. So not only can I prove that I traveled, but I can also prove when and why i had canceled a certain ticket!!! Hell I can actually go back 5 financial years and let them know when and why i traveled! It also helps that I the DM's office is right next to my favorite breakfast place in UP and I always submit my TLs and take a receiving (with date) the instant I reach UP.

One thing that I didn't mention earlier, but I had been suspecting some foul play since I had sent letters to the LA's office and actually deposited both my weapons the day I found out that he will be transferred! So, my weapons were actually deposited with an Arms Dealer almost 10 days before the order for cancellation was passed. (If you've read my posts then you will know that I had been threatened by the LA's office once and was give this exact scenario as an example of how they can create trouble for me..)

Thanks for the support, I will be posting my appeal here soon.

Regards,
inplainsight
If I were the judge you would have already won the case with that one!!

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Re: Delhi Police strikes back, threatens to cancel my licens

Post by inplainsight » Sat Aug 03, 2013 8:54 am

SS wrote: If I were the judge you would have already won the case with that one!!
Hahah, if you were the judge then I'd point out that my applications for addition/area and ammo increase are pending that these should be passed ASAP. I'd also mention something about the mental harassment that I've suffered and how import permits for weapons might help alleviate some of my pain.

If wishes were horses.......

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Re: Delhi Police strikes back, threatens to cancel my licens

Post by AgentDoubleS » Sat Aug 03, 2013 3:09 pm

inplainsight wrote: I'd point out that my applications for addition/area and ammo increase are pending that these should be passed ASAP.
I'd respond with: So are mine!

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Re: Delhi Police strikes back, threatens to cancel my licens

Post by avi88 » Mon Aug 26, 2013 5:58 pm

SS wrote:
inplainsight wrote:Vikram & GBM,

Thanks for the help. Their claim can easily be rubbished, not just on technical grounds but also based on the fact that I DID infact travel on ALL those dates. Here is an example

I obtained a TL from 5/5/2013 - 24/5/2013 my Train ticket for 5/5/2013 was confirmed on Train A and I had waiting list tickets for 24/5 on two trains (A&B). While obtaining the TL I provided the tickets for train A. On 22/5/2013, my ticket for train B was confirmed, so I canceled the ticket on train A and traveled on train B. Luckily, my office keeps hard copies of all my tickets and their cancellation receipts. So not only can I prove that I traveled, but I can also prove when and why i had canceled a certain ticket!!! Hell I can actually go back 5 financial years and let them know when and why i traveled! It also helps that I the DM's office is right next to my favorite breakfast place in UP and I always submit my TLs and take a receiving (with date) the instant I reach UP.

One thing that I didn't mention earlier, but I had been suspecting some foul play since I had sent letters to the LA's office and actually deposited both my weapons the day I found out that he will be transferred! So, my weapons were actually deposited with an Arms Dealer almost 10 days before the order for cancellation was passed. (If you've read my posts then you will know that I had been threatened by the LA's office once and was give this exact scenario as an example of how they can create trouble for me..)

Thanks for the support, I will be posting my appeal here soon.

Regards,
inplainsight
If I were the judge you would have already won the case with that one!!
I think you should write a grivience letter to the new ACP. This won't cost you anything and saves you a lot of mucking around' if they don't listen you then still have option to take it to court.

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Re: Delhi Police strikes back, threatens to cancel my licens

Post by inplainsight » Mon Feb 03, 2014 11:28 am

Hey guys,

I got the LG's order a few days ago, unfortunately it was not in my favor. Strangely, the reason for denying my appeal seems disconnected from the appeal itself.

The opinion (a glorious paragraph!!!) given by the court is

Image
http://i57.tinypic.com/15nqbll.jpg

Almost every line is incorrect!

Needless to say, I will appeal this...

Regards,

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Re: Delhi Police strikes back, threatens to cancel my licens

Post by farook » Mon Feb 03, 2014 12:10 pm

Those are harsh words.It appears he has a personal grudge against you.I must mention here that A gun is anything but a Symbol of Authority. This wont happen in most part of the country. Owning a business is a reason good enough to apply for a license. They usually ask why would a business man want a arms license and we reply We Carry huge amounts of cash in odd hours, the most probable reply would be Sanctioned. BTW is the licensing authority in Delhi still the MHA

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Re: Delhi Police strikes back, threatens to cancel my licens

Post by Vikram » Mon Feb 03, 2014 6:21 pm

That is very unfortunate. Not just the judgement but also the reasoning of the judgement. I am pleased to hear you are appealing this. Hopefully, the higher court will uphold your legal right.


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Re: Delhi Police strikes back, threatens to cancel my licens

Post by timmy » Mon Feb 03, 2014 6:50 pm

When it comes to symbols of authority and power, the parties who are little men, trying to inflate themselves with a cloak of importance, have revealed themselves in all their splendor in this paragraph.

Best of luck with the appeal. Hopefully, the appellate official will have a better sense of legality and rights.
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Re: Delhi Police strikes back, threatens to cancel my licens

Post by nagarifle » Tue Feb 04, 2014 1:00 pm

timmy wrote:When it comes to symbols of authority and power, the parties who are little men, trying to inflate themselves with a cloak of importance, have revealed themselves in all their splendor in this paragraph.

Best of luck with the appeal. Hopefully, the appellate official will have a better sense of legality and rights.
Tim when you said that my mind went to Mr. Hitler and co
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Re: Delhi Police strikes back, threatens to cancel my licens

Post by RA.50 » Tue Feb 04, 2014 5:27 pm

Hi Plainsight,

Its pretty evident that in order to help others with their license needs you have developed some enemy's in the system

This is always the case in our country and hope it comes to end someday

They(LA and Court) have ultimately decided to torture you for your good deeds and It is reflecting in each and every action that they have taken against you i.e. License surrender and court proceedings etc etc.

Both(LA and Court) are jointly being ridiculously false against your RKBA

Well,What you are doing is good and needs continuos follow up and lot of patience

Now, Its not about winning the case or retaining your license because that you will eventually win and retain

It should be more focused on teaching them about not using the powers at their will and wish or teach someone a lesson that is not required.

It should teach both (LA and Court) that they just need to do their respective jobs correctly and keep themselves aware about our(citizens) rights as well . They should become cautious that things are not like old times i.e. whatever they say will be accepted and keep quite / suffer.

These are the things which need attention and needs careful application

All the above is my personal opinion only

All the best in your fight and looking forward for a positive outcome

Regards,

RA.50

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