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2023 Supreme(Guj) 185

BIREN VAISHNAV
Arjunsinh Jorubha Jadeja – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MS SONAL D VYAS
For the Respondent: MR.SANJAY UDHWANI

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petitioner and on 01.01.2010, the application for return of these arms was rejected by the authority and the licence was revoked.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

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