MAJBUTSINH BACHUBHA JADEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India challenging order dated 07.06.2019 passed by the Joint Secretary, Home Department (Appeals) in Arms Appeal No.241 of 2018, whereby order dated 06.07.2018 passed by the District Magistrate, Rajkot 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 Botad District. The petitioner is also Government approved contractor and is undertaking Government engineering projects. 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 authorities have also given positive opinions. the District Superintendent of Police, Deputy Collector and Police Sub Inspector have also given positive opinions 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 there is no danger to the life of the petitioner as he has not received any threat, the financial transactions of the petitioner are not so high, this petition should not be entertained.