Mumbai: The Aurangabad bench of Bombay high court has quashed an order of Jalgaon district collector who refused to give arm possession licence to a businessman. The court held that collector cannot deny a gun license to him merely because the income of the businessman is small. The court directed Jalgaon collector to issue a license to the said businessman within 30 days.
While passing order the court observed that according to section 14 of arms act license can be revoked if applicant is unsound mind or he is threat to the society, and public peace or any other law is prohibiting that person to hold licence but not merely on the ground that such person does not own or possess sufficient property.
A single bench of Aurangabad bench of Bombay high court was hearing writ petition filed by Ashok Patil who is a businessman as well as a stringer of a news channel. He is also socially active in the Taluka Parola, Jalgaon city. The petitioner said that he has become a successful agriculturist and businessman within a short span of time, hence many people from the area have grudge against him and his family. The petitioner added there was a threat to his life from the antisocial element. The petitioner also filed a criminal complaint against accused persons for the offences punishable under various sections of IPC. Hence, Mr Patil had applied for the arms license with the District collector.
The petitioner stated that the collector had called for a report from the superintendent of police (SP) and revenue officer and on the basis of that rejected the order saying there is no threat to the life of Patil and his annual income is around Rs 4 lakh. The petitioner’s lawyer Rajendra Deshmukh argued that arms license can be rejected but only under section 14 of the Arms Act, 1959.
