RAJNIKANT VARDHILAL THAKKAR Vs. DEPUTY SECRETARY

JUDGEMENT

(1.) AFFIDAVIT of the petitioner presented today along with other documents is ordered to be taken on record. The other side has received copy of the same.

(2.) RULE . Ms. Kiran Pandey learned A.G.P., waives service of rule on behalf of the respondents. At the request of the learned advocates, the matter is taken up for final hearing today.

(3.) THIS petition is directed against the order passed by the District Magistrate, Patan dated 9th February, 2005 and also the order passed by the Deputy Secretary, Home Department, Government of Gujarat dated 29th July, 2006. The petitioner had applied for issuance of license for possessing 0.32 bore revolver on the ground that he was doing business of purchasing and selling of cattle and for that purpose he was required to carry huge amount of cash money with him. He, therefore, needed weapon to protect himself as well as the money. He had made an application to the District Magistrate respondent no. 2 herein. Before the District Magistrate, the petitioner remained present on 1st February, 2005 and he was heard personally. He advanced the same reason during personal hearing. However, respondent no. 2 observed that the petitioner was not an income tax payer. He further observed that when there is banking facility, the petitioner is not required to carry cash amount and, therefore, his request could not be accepted. Respondent no. 2, rejected the application by his order dated 9th February, 2005. Against the said order, the petitioner preferred an appeal under Section 18 of the Arms Act being Appeal No.112/2005. It was preferred before respondent no. 1 . In the appeal also same grounds were agitated by the petitioner. However, the appellate authority observed that the petitioner had not produced evidence with regard to past income and also evidence to show that he had genuine apprehension regarding his safety. In view of these observations, the appellate authority dismissed the appeal. Hence, this petition.