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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 2653 OF 2016
Arif Iqbal s/o Iqbal Ahmed
aged about 36 yrs., Occp. Business,
r/o Halim House, Residency road, Sadar,
Nagpur-440001. :: .... PETITIONER
ig // VERSUS //
1. The State of Maharashtra,
through the Secretary,
Home Department, Mantralaya,
Mumbai-400032.
2. The Minister of State for Home,
Mantralaya, Mumbai-400032.
3. The Commissioner of Police,
Civil Lines,
Nagpur-440001. :: .... RESPONDENTS
______________________________________________________________
Shri M. V. Samarth, Advocate for Petitioner.
Ms T. H. Udeshi, A. G. P. for the respondents.
______________________________________________________________
CORAM : S. B. SHUKRE, J.
DATED : 05 MAY, 2016 ORAL JUDGMENT :
Notice. Learned A.G.P. waives service for the respondents.
2. Heard. Rule, made returnable forthwith. Heard finally by consent.
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3. On perusal of the impugned order, I find that the most valuable consideration, which ought to have been taken into account, has not been taken and, therefore, the result is of arbitrariness manifestly reflected by the impugned order.
4. It is seen from the documents placed on record that the petitioner is a genuine sportsman having keen interest in shooting as a sport. It is further seen that the petitioner has also acquired skill in Target Shooting and that he is desirous of going further for Trap and Skeet Shooting for which purpose a shot gun is required, without which no practice can be done. There is also placed on record a certificate dated 04/01/2013 issued by The Nagpur District Rifle Association. At this stage, learned Counsel for the petitioner invites my attention to the notification of the Ministry of Home Affairs dated 06/3/2013 (page-45). This notification, he submits, was brought to the notice of the Hon'ble Minister. By this notification, it is seen, a sports person is permitted to acquire four fire arms for the purpose of undertaking shooting practice.
5. All these documents, apart from showing the genuineness of the claim of the petitioner, I must say, are very relevant for the purpose of consideration of the application filed by the petitioner.
However, they have not been considered. Therefore, the impugned ::: Uploaded on - 07/05/2016 ::: Downloaded on - 30/07/2016 01:02:02 ::: wp2653.16.odt 3/3 orders cannot stand the scrutiny of law.
The writ petition is allowed.
The impugned orders are quashed and set aside.
The matter is sent back to the learned Commissioner of Police, Nagpur for considering the application of the petitioner afresh in the light of the observations made herein above.
Respondent No.3 is requested to consider the petitioner's application in accordance with law as early as possible, preferably within three months from the date of the order.
JUDGE wwl ::: Uploaded on - 07/05/2016 ::: Downloaded on - 30/07/2016 01:02:02 :::