IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION No 125 of 2003
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DINESHBHAI NATVARLAL PUJARA
Versus
STATE OF GUJARAT
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Appearance:
1. Special Criminal Application No. 125 of 2003
MR SATYEN B RAWAL for Petitioner No. 1
Mr.S.J.Dave, A.P.P. for Respondent No. 1
RULE SERVED BY DS for Respondent No. 2-3
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CORAM : MR.JUSTICE D.H.WAGHELA
Date of Order: 02/05/2003
ORAL ORDER
1.This petition under Article 226 and 227 of the
Constitution of India is made with a prayer to issue
necessary directions directing the respondent no.3 to
renew the licence of the petitioner under the provisions
of the Arms Act,1959.
2.The application of the petitioner for renewal of
the licence was rejected by order dated 19-10-2001 by the
learned Additional District Magistrate, Surendranagar,
and the appeal preferred therefrom being Application
no.456/2001 was also rejected by the Deputy Secretary of
the Government, by his order dated 23rd December,2002.
It was submitted on behalf of the petitioner that the arm
in question could not be produced before the authorities
due to sufficient reasons, and there were also sufficient
reasons to condone the delay. The learned A.P.P.
Mr.Dave fairly conceded that the application of the
petitioner for renewal required reconsideration, and the
matter may be remanded to the learned Additional District
Magistrate, for deciding the application of the applicant
in accordance with law.
3.Therefore, by consent, the aforesaid orders of
the learned Additional District Magistrate,
Surendranagar, and the order of the Deputy Secretary are
hereby quashed, and the learned District Magistrate,
Surendranagar, is directed to hear and dispose of the
application of the petitioner for renewal of the licence
in accordance with law and as early as practicable.
4.The application is accordingly partly allowed.
Rule is made absolute accordingly with no orders as to
costs. Direct service is permitted.
(D.H.Waghela,J.)
stanley-dhw.