Ghanshyambhai Devjibhai Patel vs State Of Gujarat
2021 Latest Caselaw 15894 Guj

       C/SCA/14930/2021                                    ORDER DATED: 07/10/2021




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/SPECIAL CIVIL APPLICATION NO. 14930 of 2021

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                          GHANSHYAMBHAI DEVJIBHAI PATEL
                                      Versus
                                STATE OF GUJARAT
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Appearance:
MR VICKY B MEHTA(5422) for the Petitioner(s) No. 1
for the Respondent(s) No. 2,3,4,5
MR KRUTIK PARIKH AGP for the Respondent(s) No. 1
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     CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN

                                    Date : 07/10/2021
                                     ORAL ORDER

1. Heard Mr. Kunal Shah, learned advocate appearing for Mr. Vicky B. Mehta, learned advocate for the petitioner, has submitted that First Information Report was registered against the petitioner for the offences punishable under Sections 4 and 5 of the Gambling Act; however, without affording any opportunity to the petitioner, simply relying upon the FIR, the order dated 21.08.2020 came to be passed by the District Magistrate canceling the license of the petitioner. The petitioner had unsuccessfully challenged the said order before the appellate authority.

2. Reliance is placed on various judgments of this Court to contend that while interpreting the provisions of Section 17 of the Arms Act, this Court, has held and observed that mere registration of FIR would not be sufficient for exercising the powers under Section 17 of the Arms Act.

3. Having regard to the submissions made, issue notice, returnable on 24.11.2021. Direct service is permitted.

(SANGEETA K. VISHEN,J) Raj S. Dhobi