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Licensing Authority Cannot Discriminate Between Co-Accused Persons In Renewal Of Their Arms Licenses: Gujarat High Court
PRIYANKA PREET
24 Aug 2022 11:00 AM GMT
The Gujarat High Court has held that a licensing authority under the Arms Act cannot discriminate between two persons, who were co-accused in the same matter, by renewing the license of one of them and refusing the same treatment to the other citing criminal antecedents.Justice AS Supehia held so while deciding the case of a Petitioner whose renewal application under the Act was declined...
The Gujarat High Court has held that a licensing authority under the Arms Act cannot discriminate between two persons, who were co-accused in the same matter, by renewing the license of one of them and refusing the same treatment to the other citing criminal antecedents.
Justice AS Supehia held so while deciding the case of a Petitioner whose renewal application under the Act was declined citing criminal offence registered against him under Sections 323, 294B, 506(1) and 114 of IPC.
A similar application filed by the Petitioner's co-accused in the matter was however allowed by the authority.
Thus, the bench concluded that discriminatory treatment was meted out to the Petitioner and it remanded the matter back to the Respondent authorities for fresh consideration.
The Petitioner averred that he was acquitted by the Sessions Court in the relevant criminal offence.
Per contra, the AGP submitted that the impugned order was correct since the Petitioner was only acquitted in view of a compromise between parties before the trial court.
Justice Supehia observed,
"This Court is not expressing any opinion with regard to acquittal of the petitioner, however, the petitioner is entitled to the same treatment, which has been extended to the co-accused Vijay M. Goswami. The Petitioner, who has been arraigned as an accused no.2, and the accused no.4-Vijay M. Goswami has been granted the renewal of the arm license, whereas a discriminatory treatment has been meted out to the petitioner for denying renewal of the arm license."
Keeping in view this discriminatory treatment, the authority was directed to pass 'necessary orders' regarding renewal of the license within one months.
Case No.: C/SCA/4886/2021
Case Title: PREMNARAYAN MEWALAL GIRI v/s STATE OF GUJARAT
Citation: 2022 LiveLaw (Guj) 348
