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1971 Supreme(Ker) 249

V.P.GOPALAN NAMBIYAR
K. S. ABDULLA – Appellant
Versus
DISTRICT COLLECTOR – Respondent


Judgment :-

1. The larger question that has been debated in this writ petition is whether the refusal of licence to the petitioner for a gun under S.14 (1) (b) (ii) of the Arms Act 1959 was justified or proper. After bearing Counsel, I am satisfied that without going into this larger question, this writ petition can well be disposed of on a shorter and narrower ground.

2. Ext. P1 is a copy of the petitioner's application for licence for a gun (pistol). It sets out the reasons why the petitioner felt it necessary to be in possession of a pistol. The application was rejected by Ex. P2 order, passed by the Special Secretary to Government, which reads:

"I am directed to invite your attention to the application cited and to inform you that your request for the grant of a licence to possess one pistol is hereby rejected on the ground that Government deem it necessary for public safety to refuse the grant of licence to you."

The petitioner complained that as a result of the disposal of the application by the Secretary to Government, the petitioner had been deprived of his right of appeal provided under S.18 of the Act, read with R.5 of the Rules framed thereunder. But this objection. I am af










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