LAWS(GJH)-2019-9-239

KHIMABHAI NEBHABHAI AAMBLIYA Vs. STATE OF GUJARAT

Decided On September 12, 2019
Khimabhai Nebhabhai Aambliya Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India challenging order dated 01.06.2019 passed by the Joint Secretary, Home Department (Appeals) in Arms Appeal No.14 of 2018, whereby order dated 12.01.2018 passed by the District Magistrate, Devbhumi Dwarka came to be confirmed. The subject matter pertains to the grant of firearm license which came to be rejected by the impugned orders.

(2.) Learned Advocate for the petitioner submitted that the petitioner is an agriculturist and possesses agriculture land in Devbhumi Dwarka District. The petitioner is also an Advocate and is engaged in construction activities also. The petitioner is Sarpanch of village Viramdad. It is submitted that looking to nature of the activities in which the petitioner is involved, he has to carry huge amount of cash for making payment in various cities of Gujarat. It is also submitted that the District Superintendent of Police has also given positive opinion in favour of the petitioner. Therefore, for self-defence, firearm licence was applied for.

(3.) Learned AGP opposes the grant of petition contending that when the authorities have found that the law and order situation in the district is completely under control, the father of the petitioner possesses crop protection firearm licence and cousin brother of the petitioner possesses firearm licence, there are no sufficient reasons mentioned to give firearm licence and that there is no danger to the life of the petitioner, this petition should not be entertained.