Dharmendrabhai Mansurbhai ... vs State Of Gujarat
2023 Latest Caselaw 6093 Guj

                                                                          NEUTRAL CITATION




     C/LPA/1135/2023                       ORDER DATED: 19/08/2023

                                                                           undefined




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        R/LETTERS PATENT APPEAL NO. 1135 of 2023
                            In
       R/SPECIAL CIVIL APPLICATION NO. 7596 of 2022
                           With
        CIVIL APPLICATION (FOR STAY) NO. 1 of 2023
                            In
        R/LETTERS PATENT APPEAL NO. 1135 of 2023
=============================================
            DHARMENDRABHAI MANSURBHAI KHACHAR
                          Versus
                     STATE OF GUJARAT
=============================================
Appearance:
MR ASHISH M DAGLI(2203) for the Appellant(s) No. 1
 for the Respondent(s) No. 2,3
MS SHRUTI DHRUVE, ASSISTANT GOVERNMENT PLEADER for
the Respondent(s) No. 1
=============================================

CORAM:HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE
      SUNITA AGARWAL
      and
      HONOURABLE MR. JUSTICE N.V.ANJARIA

                       Date : 19/08/2023
                        ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. Having heard learned counsels appearing for the

parties and perused the record, we find that there is a

categorical mention of a police report in the order of

revocation of licence of the appellant herein, wherein

there is a mention of breach of public peace and order.

Three First Information Reports have been lodged with

NEUTRAL CITATION

C/LPA/1135/2023 ORDER DATED: 19/08/2023

undefined

reference to an incident reported in Paliyad Police

Station. On report of the police authority, the licensing

authority, in exercise of its jurisdiction under Section

17(3)(b) of the Arms Act, 1959, has revoked the licence

for security of public peace. The satisfaction recorded by

the licensing authority on the basis of police report

cannot be examined by us within the limited scope of

power of judicial review under Article 226 of the

Constitution of India. The submission of learned counsel

appearing for the appellant that no reason has been

assigned in the revocation order, does not appeal to us,

inasmuch as, there is a mention of police report on the

basis of which satisfaction was recorded by the licensing

authority to invoke power under Section 17(3)(b) of the

Arms Act, 1959.

2. All other submissions of learned counsel appearing

for the appellant that there is no allegation of

involvement of the appellant or the firearm in question,

would have no relevance.

NEUTRAL CITATION

C/LPA/1135/2023 ORDER DATED: 19/08/2023

undefined

3. The reliance placed on the judgment in the case of

Chhanga Prasad Sahu vs. State of Uttar Pradesh,

reported in 1986 CrLJ 817, is of no help to the appellant.

4. For the above noted facts, no infirmity is found in

the order passed by the learned Single Judge. The appeal

is dismissed accordingly. In view of the dismissal of the

appeal, civil application does not survive and it stands

disposed of accordingly.

(SUNITA AGARWAL, CJ )

(N.V.ANJARIA, J) Bharat