BHUPENDRASINH AMBADAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Mr. Hemang Parikh learned AGP waives service of notice of rule.

(2.) WITH the consent of the learned Counsel appearing for both the sides, the matter is finally heard today.

(3.) THE short facts of the case appear to be that the petitioner was holding licence for 12 Bore Gun vide No. 335/naroda, as well as licence for Revolver vide No. 347/ naroda. As the Criminal Case was filed against the petitioner, the licence for 12 Bore gun was suspended vide order dated 17. 11. 2004, whereas licence for Revolver was cancelled vide order 17. 11. 2004. As per the petitioner thereafter, the trial is concluded and the petitioner has been acquitted. The petitioner thereafter, moved authority for revocation of the order of suspension of the licence for 12 Bore Gun, which has been revoked. However, so far as the licence for Revolver is concerned, it was stated vide communication dated 7. 11. 2008, by joint police Commissioner to the Additional Chief secretary that as the licence, was cancelled, the period of thirty days of appeal was required to be mentioned in the order, which was not mentioned due to oversight and therefore, the appeal may be considered. As per the petitioner, thereafter, appeal was preferred, which is registered as appeal No. 2 of 2008, and the State Government rejected the appeal on the ground that the same is time barred and no case is made out. Under these circumstances, the present petition before this Court.