ARJUNSINH JORUBHA JADEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for quashing and setting aside the order dtd. 31/5/2019. By the order under challenge, the Appellate Authority confirmed the order of the District Magistrate, Kutch, dtd. 21/8/2017, by which, the Magistrate had revoked the arms licence of the petitioner.

(2.) Facts in brief would indicate that the petitioner possessed a twelve bore gun and a revolver. On account of registration of an FIR being CR.NO.56 of 2009 and 57/2009 under the provisions of Ss. 302 and 307 of the Indian Penal Code, the arms i.e. twelve bore gun and a revolver were confiscated from the petitioner and on 1/1/2010, the application for return of these arms was rejected by the authority and the licence was revoked. Aggrieved by the order of the revocation the petitioner preferred an appeal before the State. It was the case of the petitioner that he was operating a 'Kasumbi News Channel'. His earnings are about Rs.2.00 to 3 lakhs per annum. That he therefore was in need of weapon and the revocation must be set aside.

(3.) Ms.Sonal Vyas learned counsel for the petitioner would submit that reading of the judgement of the criminal Court would clearly indicate that it was an acquittal on merits and therefore if the obstacle that no arms can be possessed by the petitioner due to the criminal case was considered, now that the petitioner has been acquitted he was entitled to restoration of the arms licence.