STATE OF GUJARAT Vs. DEVSHIBHAI RAYDEBHAI GADHER

JUDGEMENT

(1.) This appeal, under Clause 15 of the Letters Patent, arises out of an oral order dtd. 13/6/2022 passed by the learned Single Judge. By the order under challenge, the learned Single Judge allowed the writ petition quashing the order dtd. 25/7/2019 passed by the District Magistrate and order dtd. 29/1/2021 passed in Appeal No. 196 of 2019 by the Additional Secretary (Appeals) Home Department, State of Gujarat by which orders the original petitioner's application for grant of an arms licence was rejected.

(2.) Facts in brief indicate that the original petitioner - respondent herein moved an application for procuring an arm under the provisions of the Arms Act, 1959 (for short 'the Act') on 5/12/2018. It was his case that he needed such a licence as he wanted self protection as he was carrying out agricultural operations and had to deal in cash. The application was rejected by the District Magistrate by an order dtd. 25/7/2019.

(3.) Mr. Kanva Antani, learned AGP appearing for the appellant State would submit that in accordance with the provisions of Sec. 14 of the Act it is open for the licensing authority to refuse to grant licence when such authority deems it necessary for the security of public peace or for public safety.