Bombay High Court
Ganesh Guni Ram Prasad vs State Of Mha. Thr. Its Secretary ... on 20 February, 2023
Bench: Vinay Joshi, Valmiki Sa Menezes
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL WRIT PETITION NO. 19 OF 2023
Ganesh Guni Ram Prasad, Age 49 years,
R/o Plot 29, Dongre Layout, Jaitala,
Nagpur.
... PETITIONER
VERSUS
1. State of Maharashtra, through its
Secretary, Department of Home,
Mantralaya, Mumbai - 32.
2. Commissioner of Police, Nagpur City,
Nagpur.
3. Police Station Officer, Police Station,
MIDC, Nagpur.
... RESPONDENTS
_____________________________________________________________
Shri R.R. Vyas, Advocate for the petitioner.
Shri Doifode, A.P.P. for the respondent/State.
______________________________________________________________
CORAM : VINAY JOSHI AND VALMIKI SA MENEZES, JJ.
DATED : 20.02.2023.
JUDGMENT : (Per : Vinay Joshi, J.)
RULE. Rule made returnable forthwith. Heard finally by
consent of all learned Counsel appearing for the respective parties.
2. The petitioner is aggrieved by the order dated 02.12.2022
passed by the respondent no.2 whereby the petitioner's Arms licence
has been revoked in terms of Section 17(3) of the Arms Act, 1959 (the
Act). Though the petitioner has raised various grounds however it has
been primely submitted that the petitioner was not heard while passing
the impugned order, and thus, there is violation of principles of natural
justice.
3. Learned A.P.P. appearing for the respondent/State resisted
the petition by contenting that the show cause notice was issued to the
petitioner, which he did reply, and thus, the opportunity was given.
Moreover, it is contended that the statute does not provide a right of
hearing as well as there is provision of appeal under Section 18 of the
Act and therefore, the impugned order needs no interference.
4. The petitioner's arms licence has been revoked vide order
dated 02.12.2022. The petitioner was arrested and was in jail. During
his span of jail, he was served with show cause notice dated 15.07.2022
served on 10.09.2022. The petitioner has sent handwritten reply
through Jail Authority on 12.09.2022 which was considered by the
Authority.
5. According to the petitioner, since he was in jail, he did not
get proper opportunity to make his submissions before the Authority
and therefore, though he replied to show cause notice there was no
specific explanation or defence. On the point of right of hearing, the
petitioner relied on the decision of this Court in Criminal Writ Petition
No.117 of 2018 dated 05.02.2018 (Shri Paresh s/o Diliprao Kolhe vs.
State of Maharashtra and anr.) wherein, the Division Bench of this
Court by placing reliance on the decision of the Full Bench of the
Allahabad High Court expressed that before cancelling a licence for
firearms the license holder must be given an opportunity of being
heard.
6. Undisputedly, the petitioner while housed in jail, at his own
has answered the show cause notice, which to our mind is not a proper
opportunity. There would be no prejudice to the Authority, if a personal
right of hearing is given to the petitioner. Considering these facts, we
are of the opinion that the Authority shall hear the petitioner and pass
the appropriate orders.
7. Considering all these facts, we deem it fit to quash and set
aside the impugned order dated 02.12.2022. The Authority shall issue a
notice of attendance to the petitioner on which he shall appear with an
additional explanation, if any, and thereafter, the Authority shall decide
the same within eight weeks thereafter.
8. The petition stands disposed of in above terms. No order as
to costs.
(VALMIKI SA MENEZES, J.) (VINAY JOSHI, J.)
Trupti
TRUPTI SANTOSHJI AGRAWAL
21.02.2023 17:37
