Gujarat High Court
Majbutsinh Bachubha Jadeja vs State Of Gujarat on 26 February, 2020
Equivalent citations: AIRONLINE 2020 GUJ 1338
Author: A.Y. Kogje
Bench: A.Y. Kogje
C/SCA/15409/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 15409 of 2019
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MAJBUTSINH BACHUBHA JADEJA
Versus
STATE OF GUJARAT
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Appearance:
MR MAULIN G PANDYA(3999) for the Petitioner(s) No. 1
MS NIDHI VYAS, AGP (1) for the Respondent(s) No. 1,2,3
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CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE
Date : 26/02/2020
ORAL ORDER
1. This petition is filed under Article 226 of the Constitution of India challenging order dated 07.06.2019 passed by the Joint Secretary, Home Department (Appeals) in Arms Appeal No.241 of 2018, whereby order dated 06.07.2018 passed by the District Magistrate, Rajkot 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 Government approved contractor and is undertaking Government engineering projects. It is submitted that looking to nature of the activities in which the Page 1 of 4 Downloaded on : Fri Feb 28 00:50:50 IST 2020 C/SCA/15409/2019 ORDER petitioner is involved, he has to carry huge amount of cash for making payment in various cities of Gujarat. It is also submitted that authorities have also given positive opinions. 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 financial transactions of the petitioner are not so high; that at present, e-banking facility, credit card and debit card facility is available. The appellate authority observed that one criminal case is pending of the year 1996 against the petitioner.
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 financial transactions of the petitioner are not so high, this petition should not be entertained.
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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, Rajkot. The order passed by the License Issuing Authority 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, financial transactions of the petitioner are not so high, at present, e-banking facility, credit card and debit card facility is available and that one criminal case of 1996 is pending against the petitioner. Other than this, there are no reasons mentioned.
5. Moreover, the authorities have not taken into considered the positive opinions. It is required to be noted that the negative opinion is based on one criminal case of the year 1996, wherein the petitioner is already acquitted in the year 1998. This Court is also of the opinion that the grounds mentioned in the impugned orders are not germane to Section 14. It is also required to be noted that the petitioner is not involved in any other offence /criminal activities.
6. In view of the aforesaid, order dated 07.06.2019 passed by the Joint Secretary, Home Department Page 3 of 4 Downloaded on : Fri Feb 28 00:50:50 IST 2020 C/SCA/15409/2019 ORDER (Appeals) in Arms Appeal No.241 of 2018 and order dated 06.07.2018 passed by the District Magistrate, Rajkot are quashed and set aside. It is open for the petitioner to make a fresh application with necessary documents to the License Issuing Authority within period of four weeks from today. The District Magistrate shall consider such application afresh, in accordance with law and after granting an opportunity of hearing to the petitioner within period of eight weeks therefrom.
7. With the aforesaid, the petition stands disposed of.
Direct service is permitted.
(A.Y. KOGJE, J) SHITOLE Page 4 of 4 Downloaded on : Fri Feb 28 00:50:50 IST 2020