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2020 Supreme(Bom) 388

M.S.SONAK, M.S.JAWALKAR
Chase Security Services – Appellant
Versus
State of Goa, Through the Chief Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Surendra G. Desai, Senior Advocate with Mr. Shirin V. Naik, Advocate
For the Respondent:Mr. Devidas J. Pangam, Advocate General with Ms. Maria S. J. Correia, Additional Government Advocate

JUDGMENT :

M. S. Sonak, J.

Heard Mr. Surendra G. Desai, learned Senior Advocate alongwith Shri Shirin V. Naik, learned Counsel for the Petitioners and Mr. Devidas J. Pangam, learned Advocate General alongwith Ms. Maria S.J. Correia, for the Respondents.

2. Rule. Rule is made returnable forthwith at the request of and at the consent of the learned Counsel for the parties.

3. The Petitioners challenge the orders made by the Additional Secretary (Home) and the Chief Secretary, both Licencing and Appellate Authority under the provisions of The Private Security Agencies (Regulation) Act, 2005, (the said Act) declining the Petitioners licence to operate a Private Security Agency, as contemplated by the said Act.

5. The rejection of the licence is on the sole ground that the case of the Petitioners is covered under the provisions of Section 6(1) (b) of the said Act.

6. Section 6(1)(b) reads as follows:

    “6. Persons not eligible for licence.-

(1) A person shall not be considered for issue of a licence under this Act, if he has been--

(a).......................................................................

(b) convicted by a competent court for an offense, the prescribed punishment for which is impr

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