PRATAPBHAI SURAGBHAI VARU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The petitioner, an agriculturist, a social worker, an ex Member of Legislative Assembly (MLA) " Gujarat in the year 1980, is before this Court being aggrieved of an order passed by the District Magistrate, Amreli dated 04.11.2000. The order was confirmed in Appeal under Section 18 of the Arms Act, 1959 (hereinafter referred to as, "the Act") by the Deputy Secretary, Home Department, Government of Gujarat by order dated 02.07.2002.

(2.) The facts of the case leading to the present proceedings are that, the petitioner was holding weapon licences bearing Nos.7/J for 32 Bore Revolver and 4/J for 38 Bore Stick Gun issued in the year 1976, which were renewed up to 31.12.2001. On 05.09.1999, a complaint was filed against the petitioner being C.R.No.I 25 of 1999. Respondent No.2 (the District Magistrate, Amreli) without giving any hearing to the petitioner, suspended the weapon licences of the petitioner till the final disposal of the Criminal Case arising from the aforesaid C.R.No.I 25 of 1999 by order dated 01.10.1999. The petitioner was directed to deposit both the weapons in the nearest Police Station. A copy of order dated 01.10.1999 is produced at Annexure-A to this petition.

(3.) The petitioner being aggrieved of that, filed an appeal before the Deputy Secretary, Home Department, State of Gujarat on 06.01.2000. The petitioner was told by letter dated 18.01.2000 that the petitioner will be intimated the hearing of the appeal. During pendency of the appeal, Criminal Case was decided on 03.06.2000. The petitioner, therefore, wrote a letter to the authority on 27.06.2000 informing the appellate authority that the Criminal Case which was filed against him is decided on 03.06.2000 and he is acquitted of the charges leveled against him. A copy of the acquittal order was enclosed with the said communication (dated 27.06.2000). The petitioner requested that the appeal pending be decided at an early date by giving an early date of hearing. It was mentioned in the said communication that the petitioner is an ex MLA, a member of the District Panchayat and also aa social worker; that he is in need of the weapons and hence, at the earliest, appropriate orders for issuance of the weapons may be passed.