SANTHOSH THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) AGGRIEVED by judgment dated 6th September, 2010 in W.P.(C) No.23030 of 2010 the unsuccessful petitioner therein preferred the present writ appeal.

(2.) THE appellant was a licensee under the relevant provisions of the Arms Act, 1959to possess a 12 Bore SBBL gun which was valid till 7.12.2010. THE appellant also possessed a 12 Bore SBBL gun. However, it appears that on the night of 25.5.2008 there was a theft in the house of the appellant and the above mentioned gun along with certain other valuables were reportedly stolen.THE appellant, therefore, made an application seeking permission to possess another SBBL gun in view of the missing of the weapon.By order dated 2.12.2009 the licensing authority not only rejected the above mentioned application of the appellant, but also cancelled the licence issued to the appellant earlier. Aggrieved by the same, the appellant preferred an appeal before the appellate authority (Land Revenue Commissioner) unsuccessfully.THE appellate authority dismissed the appeal by order dated 12.7.2010. THErefore, the appellant approached this Court by way of the above mentioned writ petition with the prayers as follows:

(3.) IT can be seen from the above that the licensing authority recorded two reasons for the conclusion not to permit the appellant to possess another weapon. The first reason is that in the facts and circumstances recorded it is not prudent to permit the appellant to possess another gun . The second reason recorded by the licensing authority of course is based on a conjecture as to the manner in which the appellant lost possession of his weapon. Assuming that the second reason given by the licensing authority is not a legally tenable reason, the first reason given by the licensing authority that in the facts and circumstances of the case it is not prudent to permit the appellant to have possession of another weapon, in our view, cannot either be said to be beyond the jurisdiction or arbitrary for any reason.In the circumstances, we do not see any merit in the appeal. The writ appeal is dismissed at the admission stage.