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BIREN VAISHNAV
Arjunsinh Jorubha Jadeja – Appellant
Versus
State Of Gujarat – Respondent
ORDER :
1. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for quashing and setting aside the order dated 31.05.2019. By the order under challenge, the Appellate Authority confirmed the order of the District Magistrate, Kutch, dated 21.08.2017, by which, the Magistrate had revoked the arms licence of the petitioner.
2. Facts in brief would indicate that the petitioner possessed a twelve bore gun and a revolver. On account of registration of an FIR being CR.NO.56 of 2009 and 57/2009 under the provisions of Sections 302 and 307 of the Indian Penal Code, the arms i.e. twelve bore gun and a revolver were confiscated from the petitioner and on 01.01.2010, the application for return of these arms was rejected by the authority and the licence was revoked. Aggrieved by the order of the revocation the petitioner preferred an appeal before the State. It was the case of the petitioner that he was operating a ‘Kasumbi News Channel’. His earnings are about Rs.2 to 3 lakhs per annum. That he therefore was in need of weapon and the revocation must be set aside.
2.1 The Appellate Authority by its order dated 13.04.2012 set aside the order of rejection
The possession of an arms license is a statutory privilege, not a fundamental right, with revocation permissible under the Arms Act if deemed necessary for public safety.
Arms licence suspended/cancelled on ground of pendency of a criminal case/cases against licensee, subsequent acquittal itself be not a sole ground for restoration of arms licence, but nature of acqui....
Renewal of an arms licence can be denied based on public safety concerns and the applicant's criminal conviction, emphasizing the need for timely applications.
The main legal point established in the judgment is that the revocation of an arms license must be based on specific reasons as outlined in the Arms Act, and the mere registration of FIRs is irreleva....
Authorities must adhere to the Arms Act by providing compelling evidence before cancelling or denying renewal of an arms license, and mere involvement in a criminal case is insufficient to justify su....
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