NIKHIL ANIL KANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard learned Advocates for the parties finally, by consent.

(2.) The petitioner impugns the order dtd. 8/5/2019 passed by Divisional Commissioner, Aurangabad in Appeal No.2016/Sapra/Pol-1/Shashtra/CR-49, thereby confirming the order dtd. 19/3/2016 passed by District Magistrate, Osmanabad in Case No.2013/Upchitnis/MAG-3/CR-125, thereby refusing to grant licence of revolver/pistol to the petitioner.

(3.) Mr. V.S. Undre, learned Advocate appearing for the petitioner submits that the petitioner is engaged in the business of tours, travels and transport and requires to handle huge cash. The petitioner has been trained to handle the weapon and certificate of training is issued by Lethal Force Institute, Pune. The petitioner felt need of the weapon for self protection and applied to District Magistrate, Osmanabad for grant of licence as per Rule 15 read with Sec. 14 of the Arms Act. In pursuance of petitioner's application, report was called from Sub Divisional Police Officer. There are no adverse remarks against the petitioner in the report submitted by said authority. However, learned District Magistrate vide his order dtd. 19/2/2016 rejected petitioner's application. The petitioner assailed the order of District Magistrate in Appeal filed under Sec. 18 of the Arms Act before Divisional Commissioner at Aurangabad. Unfortunately, the Appeal came to be dismissed for selfsame reasons as mentioned in the order of District Magistrate.