ORAL ORDER

1. This petition is filed under Article 226 of the Constitution of India challenging order dated 03.07.2018 passed by the Joint Secretary, Home Department (Appeals) in Arms Appeal No.223 of 2015, whereby order dated 15.04.2015 passed by the District Magistrate, Botad came to be confirmed. The subject matter pertains to the grant of firearm license which came to be rejected by the impugned orders.

2. Learned Advocate for the petitioner submitted that the petitioner is an agriculturist and possesses agriculture land in Botad District. The petitioner is also engaged in various businesses in agriculture field and is owner of 'Rajbhawani Agro Chemicals'. The petitioner is also having stone quarry lease in the name of 'Shree Surya Bhavani Quarry'. The petitioner is also active in public life and is involved in social, cooperative and political activities. It is submitted that looking to nature of the activities in which the petitioner is involved, he has to carry huge amount of cash for making payment in various cities of Gujarat. It is submitted that the petitioner is also having certificate issued by Rajshakti Club for the training taken by the petitioner to handle and operate weapon. It is also submitted that the District Superintendent of Police, Deputy Collector and Police Sub Inspector have also given positive opinions in favour of the petitioner. Therefore, for self-defence, firearm licence was applied for.

2.1 It is submitted that that the rejection of the firearm license is based on irrelevant consideration as the firearm license application came to be refused on the ground that there is no danger to the life of the petitioner as he has not received any threat; that the income of the petitioner is not so high; that at present, e-banking facility, credit card and debit card facility is available and that he already possesses 12 Bore gun licence for crop protection.

3. Learned AGP opposes the grant of petition contending that when the authorities have found that there is no danger to the life of the petitioner as he has not received any threat, the income of the petitioner is not so high and that he already possesses 12 Bore gun licence for crop protection, this petition should not be entertained.

4. Having considered the rival submissions of the parties and having perused the documents on record, it appears that the petitioner had made an application for firearm license before the License Issuing Authority i.e. District Magistrate, Botad. The order passed by the License Issuing Authority dated 15.04.2015 would indicate that the application of licence is rejected on the ground that there is no danger to the life of the petitioner as he has not received any threat, the income of the petitioner is not so high, at present, e-banking facility, credit card and debit card facility is available and that he already possesses 12 Bore gun licence for crop protection. Other than this, there are no reasons mentioned in the order of the licence issuing authority. Consequently, order dated 03.07.2018 passed by the Joint Secretary, Home Department in Appeal No.223 of 2015 also reiterates the findings given by the License Issuing Authority.

5. Moreover, the authorities have not taken into considered the positive opinions from the District Superintendent of Police, Deputy Collector and Police Sub Inspector. This Court is also of the opinion that the grounds mentioned in the impugned orders are not germane to Section 14 and possession of crop protection firearm licence cannot be bar to possess self-defence licenced weapon. It is also required to be noted that the petitioner is not involved in any offence /criminal activities.

6. In view of the aforesaid, order dated 03.07.2018 passed by the Joint Secretary, Home Department (Appeals) in Appeal No.223 of 2015 and order dated 15.04.2015 passed by the District Magistrate, Botad are quashed and set aside. It is open for the petitioner to make a fresh application with necessary documents to t