STATE OF GUJARAT Vs. KANTILAL JIVABHAI TERAIYA

JUDGEMENT

(1.) This appeal has been filed by the State challenging the oral judgement dtd. 12/7/2022 passed by the learned Single Judge. The learned Single Judge in the writ petition filed by the respondent quashed and set aside the order dtd. 30/9/2019 passed by the District Magistrate and the order dtd. 1/4/2021 passed by the Home Department rejecting the request of the petitioner to grant him an arms licence.

(2.) Facts in brief indicate that the petitioner who was serving as a Head Constable and thereafter promoted as Police Sub-Inspector retired on superannuation on 30/9/2018. He applied for an arms licence on 27/3/2018. The Magistrate rejected the application of the petitioner on the ground of his age. When the order was carried in appeal, the appellate authority confirmed the order on the ground that there was no threat perception.

(3.) Having considered the submissions of learned advocates for the respective parties, the learned Single Judge relying on Sec. 14 of the Arms Act quashed the orders and directed the appellant State to issue licence to the petitioner pursuant to the application dtd. 26/3/2018.