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Can’t refuse arms license unless applicant found unworthy u/s 14 Arms Act : Gujarat HC

Can’t refuse arms license unless applicant found unworthy u/s 14 Arms Act : Gujarat HC


Devshibhai Raydebhai Gadher vs State of Gujarat

A writ petition was filed in Gujarat HC challenging against the decision of the District Magistrate who stated that the petitioner is not found ineligible to obtain arms license u/s 14 of The Arms Act, 1959.

Section 14 clearly explains about the ineligibility of obtaining the arms license. The refusal of the license can be in certain circumstances like, when the licensing authority finds the refusal is legible and benefit for the peace and security of the public, or a person of unsound mind or a person who is deemed to be not eligible for the license.

The petitioner contented that he was into mining business and contract business, which includes huge money while travelling for which he needs the arms license for his self-protection. The reports by DSP found nothing adverse against the petitioner. The District Magistrate considering the same by an impugned order dismissed the case. The order doesn’t talk anything about Sec. 14 of The Arms Act, i.e denial of granting license.

The responded argued that petitioner doesn’t need any arm license for protection he can either opt for transacting through ATM, or cheques, or core banking without cash in hand.

The court observed that the petitioner is not included in adverse activities and character nor had any enemity or committed theft before and with support of reports produced by DSP which stated nothing adverse activities against the petitioner.

The Gujarat HC quashed the impugned order by the District Magistrate and directed to issue the license. It also clarified that if District Magistrate gets notice of any adverse activities of petitioner such as offence is found after issuing the license, then the District Magistrate have authority to refuse to grant the license.

Written by,

Shrishyly.V @siriii_ig

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