ASHOKKUMAR BHIKHAJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed under Clause 15 of Letters Patent against an order dated 26.02.2016 passed by learned Single Judge in Special Civil Application No.1169 of 2016 by which the learned Single Judge has dismissed the petition.

(2.) It is the case of the appellant - original petitioner that he is a businessman carrying on the business of sale and purchase of land and is appointed as Vice-President of Palanpur Municipality. The petitioner applied for licence for NP Bore Revolver Pistol on the ground of self defence as he is active in political life and he has to travel alone on frequent occasions for his business purpose. The respondent No.3 issued arms licence on 11.08.2006 in favour of the petitioner. Thereafter, on 26.11.2007, FIR being C.R.No. I-110/07 came to be registered against the petitioner and other persons before Palanpur City Police Station for the offences punishable under Sections 201, 406, 409, 420, 465, 467, 468, 471,477(A) and 34 of the IPC and Sections 13(1) (c) and (d) of the Prevention of Corruption Act,1988. The Investigating Officer filed the charge-sheet and Special Case No.181 of 2007 has been registered before the Fast Track Court, B.K. In the said proceedings the petitioner has filed application for discharge.

(3.) It is the say of the petitioner that because of the registration of the aforesaid FIR, the respondent No.3 issued show cause notice dated 10.09.2008, whereby the petitioner was asked to show cause as to why the arms licence granted in favour of the petitioner should not be revoked/cancelled. Thereafter, the respondent No.3 by an order dated 27.04.2009 revoked the arms licence issued in favour of the petitioner and therefore petitioner preferred appeal before the respondent no.2. The respondent No.2 by an order dated 07.06.2011 quashed and set aside the order dated 27.04.2009 passed by the respondent No.3 and matter was remanded back to the respondent No.3 for fresh consideration. However, once again the respondent No.3 passed an order on 29.06.2013, whereby, once again the licence of the petitioner has been cancelled and the application of the petitioner came to be rejected. Once again the petitioner filed an appeal before the respondent No.2 under section 18 of the Arms Act, 1959 (hereinafter referred to as the Act for short). The respondent No.2, by an order dated 24.08.2015, confirmed the order passed by the respondent No.3 and thereby rejected the appeal.