Law: Sindh Arms Act, 2013

Section: 6,12,13

Sindh Arms Rules, 2018--- ----R. 3.1---Sindh Arms Act (V of 2013), Ss. 6, 12 & 13---Arms manufacturing licence---Approval on letter---Vested right---Petitioner company was aggrieved of non-compliance of handwritten endorsement of approval by Chief Minister on a letter---Validity---Mere handwritten endorsement made on the face of letter to the effect that "permission may be granted as per policy" could not be regarded as a definite approval conferring right to a licence---In light of prescribed procedure, there were various checks and compliances which had not even ensued at that point in time which all took place subsequent to that endorsement---Certain similar checks and compliances might already have been made at an earlier point in time in the context of petitioner company's arms dealership licence but same did not detract from the importance of such an exercise---Neither the Chief Minister nor any other public functionary had carte blanche whilst exercising any discretionary power, which must always be done fairly, justly and reasonably, and for advancing particular object/purpose for which it was conferred, in accordance with rules/regulations structuring that discretion---Highest authority for purpose of grant of any category of license as per Rule 3.1 of Sindh Arms Rules, 2018 was Chief Minister and the subject was not one of prohibited arms or prohibited ammunition otherwise falling under S. 6 of Sindh Arms Act, 2013---High Court directed the authorities that case/ application of petitioner company for grant of a small arms manufacturing license should be decided by Chief Minister through a speaking order, in accordance with Sindh Arms Act, 2013 and Sindh Arms Rules, 2018---Constitutional petition was disposed of accordingly. ORDER YOUSUF ALI SAYEED, JUSTICE:---.--- The Petitioner is apparently engaged in business as an arms dealer, operating under a license granted in terms of the Sindh Arms Act, 2013 (the "Act") and the Sindh Arms Rules, 2018 (the "Rules") in the name of his proprietary concern - "Outdoorsman". He now desires to establish a facility for the manufacture of small arms and small arms ammunition in the province, and seeks a further…

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