Back
A. S. SUPEHIA
Kantilal Jivabhai Teraiya – Appellant
Versus
State Of Gujarat – Respondent
JUDGMENT :
1. Rule. Learned AGP waives service of notice of rule for the respondent-State.
2. In the present writ petition, the petitioner has assailed the order dated 30.11.2019 passed by the District Magistrate and the order dated 01.04.2021 passed by the Home Department rejecting the request of the petitioner to grant him the arm license.
3. The brief facts of the case are as under:-
3.1. The petitioner joined the police service as a Head Constable on 08.12.1980. Thereafter, the petitioner was promoted as Assistant Sub Inspector in the year 2009 and thereafter, he was promoted as Police Sub Inspector in the year 2017. He retired from service on 30.09.2018. Thereafter, the petitioner made an application for grant of license along with the documents under the Arms Act, 1959 (for short “the Act”).
4. Learned advocate Mr.Archit Jani appearing for the petitioner has submitted that the opinions of the Sub Divisional Magistrate and the Superintendent of Police, Morbi were also called for, which were in favour of the petitioner. However, despite the aforesaid positive opinions, the respondent no.2 rejected the application of the petitioner vide order dated 30.11.2019 in view of the age of th
Age alone cannot be a reason to deny an arms license, and subjective reasons given by authorities must be justified under the provisions of the Arms Act.
Merely refusing to issue a licence for a reason not prohibited by the Act, such as being aged 63 years, is unjustified and not in consonance with the provisions of the Act.
The rejection of an arms license application must be based on grounds that have a nexus to the provisions of the Arms Act, 1959, particularly Sec.14, and cannot be based on non-germane grounds such a....
The central legal point established in the judgment is that the refusal of firearm license renewal must align with the conditions stipulated in the Arms Act, and reasons for refusal must be in accord....
The refusal of an arms license must adhere to Section 14 of the Arms Act, ensuring no arbitrary denial absent valid concerns.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
