Bharatbhai Ogadbhai Khuman Vs State of Gujarat

1.This petition is filed under Article 226 of the
Constitution of India challenging order dated 24.01.2018
passed by the Joint Secretary, Home Department (Appeals)
in Arms Appeal No.672 of 2013, whereby order dated
16.08.2013 passed by the District Magistrate, Amreli came
to be confirmed. The subject matter pertains to the
grant of firearm license which came to be rejected by the
impugned orders.

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2.Learned Advocate for the petitioner submitted

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that the petitioner is an agriculturist and holds various
parcels of agriculture land and is also doing business of
trading diamond and for his business purpose, is required
to travel with huge amount of cash. Therefore, for self-
defence, firearm licence was applied for.

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Page 1 of 4

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C/SCA/6939/2018 ORDER

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2.1It is submitted that that the rejection of the

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firearm license is based on irrelevant consideration as
the application for firearm license came to be refused on
the ground that there are no sufficient reasons mentioned
for giving firearm licence and that there are negative
opinions from PI, Rajula Police Station, Assistant
Superintendent of Police, Savarkundla, Sub-divisional
Magistrate, Rajula and also District Superintendent of
Police, Amreli. The application was also rejected on the
ground that the petitioner has criminal history and is
involved in offence being I-CR No.30 of 2001 with
Savarkundla Rural Police Station. It is submitted that
in the said offence, the petitioner has already been
acquitted almost 12 years back and the said order of
acquittal has attained finality.

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contending that when the authorities have found that
there are no sufficient reasons mentioned for giving
firearm licence and that the petitioner has criminal
history and is involved in offence, this petition should
not be entertained.

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4.Having considered the rival submissions of the
parties and having perused the documents on record, it
appears that the petitioner had made an application for

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Page 2 of 4

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C/SCA/6939/2018 ORDER

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firearm license before the License Issuing Authority i.e.

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District Magistrate, Amreli. The order passed by the
License Issuing Authority dated 16.08.2013 would indicate
that the application of licence is rejected mainly on the
grounds that there are no sufficient reasons mentioned

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for giving firearm licence, that there are negative
opinions from four authorities and that the petitioner is
involved in criminal offence. Other than this, there are
no reasons mentioned in the order of the licence issuing
authority. Nothing is on record to indicate that such
negative opinions were brought to the notice of the
petitioner to enable him to deal with it.
Consequentially, order dated 24.01.2018 passed by the
Joint Secretary, Home Department in Arms Appeal No.672 of
2013 also reiterates the findings given by the License
Issuing Authority. Moreover, the petitioner has already
been acquitted in the Criminal Case and that too almost
12 years back. This Court while issuing notice vide
order dated 30.04.2018, has recorded as under:-

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“Mr.Ravani, learned advocate appearing for the
petitioner has specifically contended that the
substantial reliance is placed upon negative
opinion of the Police Authority, but a copy of
the same has not been provided and even if
there is some negative opinion, then also
except one offence registered against the
petitioner in that criminal case also prior to

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Page 3 of 4

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C/SCA/6939/2018 ORDER

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almost 12 years, an acquittal order is passed
which has attained finality and no other
criminal case is either lodged or pending and
therefore, there appears to be no substantive
satisfaction on the part of the respondent
authority in denying the request of the
petitioner.”

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5.In view of the aforesaid, order dated
24.01.2018 passed by the Joint Secretary, Home Department
(Appeals) in Arms Appeal No.672 of 2013 and order dated
16.08.2013 passed by the District Magistrate, Amreli are
quashed and set aside. It is open for the petitioner to
make a fresh application with necessary documents to the
License Issuing Authority within period of two weeks from
today. The District Magistrate shall consider such
application afresh, in accordance with law and after
granting an opportunity of hearing to the petitioner
within period of two months therefrom. The Authority
shall also supply copy of the negative opinions so as to
enable the petitioner to deal with the same.

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6.With the aforesaid, the petition stands
disposed of.

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Direct service is permitted.

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SHITOLE

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Bharatbhai Ogadbhai Khuman v. State of Gujarat

Case brief

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What did the court decide?

Bharatbhai Ogadbhai Khuman v. State of Gujarat

Case brief

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What did the court decide?

What the court decided

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