( 1 ) THE petitioner, an agriculturist, a social worker, an ex Member of Legislative Assembly (MLA) " Gujarat in the year 1980, is before this Court being aggrieved of an order passed by the District Magistrate, Amreli dated 04. 11. 2000. The order was confirmed in Appeal under Section 18 of the Arms Act, 1959 (hereinafter referred to as, "the Act") by the Deputy Secretary, Home Department, Government of Gujarat by order dated 02. 07. 2002.

( 2 ) THE facts of the case leading to the present proceedings are that, the petitioner was holding weapon licences bearing Nos. 7/j for 32 Bore Revolver and 4/j for 38 Bore Stick Gun issued in the year 1976, which were renewed up to 31. 12. 2001. On 05. 09. 1999, a complaint was filed against the petitioner being C. R. No. I 25 of 1999. Respondent No. 2 (the District Magistrate, Amreli) without giving any hearing to the petitioner, suspended the weapon licences of the petitioner till the final disposal of the Criminal Case arising from the aforesaid C. R. No. I 25 of 1999 by order dated 01. 10. 1999. The petitioner was directed to deposit both the weapons in the nearest Police Station. A copy of order dated 01. 10. 1999 is produced at Annexure-A to this petition.

( 3 ) THE petitioner being aggrieved of that, filed an appeal before the Deputy Secretary, Home Department, State of Gujarat on 06. 01. 2000. The petitioner was told by letter dated 18. 01. 2000 that the petitioner will be intimated the hearing of the appeal. During pendency of the appeal, Criminal Case was decided on 03. 06. 2000. The petitioner, therefore, wrote a letter to the authority on 27. 06. 2000 informing the appellate authority that the Criminal Case which was filed against him is decided on 03. 06. 2000 and he is acquitted of the charges leveled against him. A copy of the acquittal order was enclosed with the said communication (dated 27. 06. 2000 ). The petitioner requested that the appeal pending be decided at an early date by giving an early date of hearing. It was mentioned in the said communication that the petitioner is an ex MLA, a member of the District Panchayat and also aa social worker; that he is in need of the weapons and hence, at the earliest, appropriate orders for issuance of the weapons may be passed.

( 4 ) THE appellate authority by passing order under Section 18 of the Arms Act decided the appeal by order dated 29. 07. 2000. After recording the facts of the case and the contents of the communication dated 27. 06. 2000, the appellate authority remanded the matter to the District Magistrate, Amreli. It was recorded in the order that in view of the order passed by the learned Judicial Magistrate First Class, Rajula dated 03. 06. 2000, order dated 01. 10. 1999 passed by the District Magistrate, Amreli is required to be reconsidered. The appeal was partly allowed. Order dated 01. 10. 1999 passed by the District Magistrate was quashed.

( 5 ) THE District Magistrate after taking into consideration the facts of the case, but without discussing any material, recorded in paragraph 2 of order dated 04. 11. 2000 that, revoking the order of suspension of the licences and return of weapons will not be just and the same is not warranted in the interest of public law and order, public peace and public security. The District Magistrate under Clause (B) of Sub-section (3) of Section 17 of the Arms Act cancelled the licences of the petitioner. The petitioner was intimated that if he is aggrieved by the order, he can file an appeal within 30 days before the Deputy Secretary, Home Department. The petitioner filed an appeal on 24. 11. 2000.

( 6 ) THE appellate authority decided the this appeal by order dated 02. 07. 2002. The appellate authority has recorded that looking to the appeal memo and the original papers of the case, it is revealed that in Criminal Case No. 1033 of 1999, the petitioner was acquitted only because the witnesses turned hostile and the matter is compromised between the parties. The appellate authori

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