Thursday, September 24, 2020

Bombay High Court Quashes Collector’s Order Denying Gun Licence On Basis Of Applicant Income

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The Aurangabad bench of Bombay HC has set aside an order issued by Jalgaon’s district collector refusing an arm possession licence to a local businessman.

According to the court ruling, the collector cannot deny a gun license just because the income of the businessman is low.

The court has directed the Jalgaon collector to issue a gun license to the concerned businessman within 30 days.

License Can Be  Rejected Only As Per Provisions Under Section 14

In its ruling, the bench noted that as per Section 14 of the Arms Act, a gun license can be revoked in cases where an applicant is of unsound mind or if he is threat to the society or public peace or when there are laws prohibiting the person from holding a licence but not merely because the person does not own or possess sufficient   property.

The Aurangabad bench was hearing a writ petition filed by Ashok Patil who is a businessman and a stringer of a news channel .

The petitioner who is socially active in the Taluka Parola, Jalgaon city stated that he had become a successful agriculturist and businessman within a short span of time, as a result of which many in the area may have a grudge against him and his family.

Patil further added that he was facing a threat to his life from antisocial elements and that he had filed a criminal complaint against accused persons for the offences punishable under various sections of IPC.

Consequently Patil stated that he had applied for the arms license with the District collector.

Application Rejected Based On Income Levels  

The petitioner said that the collector had sought a report from the superintendent of police (SP) and revenue officer and on basis of these had rejected his application, stating that there was no threat to his life and that his annual income is around Rs 4 lakh.

Appearing for the petitioner,  lawyer Rajendra Deshmukh argued that an arms license can be rejected only under conditions specified in section 14 of the Arms Act, 1959.

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