SCA/7932/2004 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 7932 of 2004 For Approval and Signature: HONOURABLE MR.JUSTICE JAYANT PATEL ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= CHAUHAN HARESHBHAI CHHANABHAI & 1 - Petitioner(s) Versus STATE OF GUJARAT & 1 - Respondent(s) ========================================================= Appearance : MR MK VAKHARIA for Petitioner(s) : 1 - 2. GOVERNMENT PLEADER for Respondent(s) : 1 - 2. ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 07/07/2008 ORAL JUDGMENT 1. The petitioner has preferred the petition for appropriate writ to declare that no licence is required under the Arms Act, 1959 for carrying SCA/7932/2004 2/3 JUDGMENT on his business of manufacturing and trading defensive weapons. The petitioner has also prayed to issue appropriate directions, directing respondent No.2 to decide the application of the petitioner. 2. Heard Ms.Amin for Mr.Vakharia, learned Counsel for the petitioner and Ms.Panchal, learned AGP for the State Authorities. 3. It appears from the communication at Annexure II on page 27 that if the length of the weapon is 9 inches or more or 2 inches or more, as the case may be, the licence is required to be obtained. 4. The learned Counsel for the petitioner is not in a position to satisfy the Court that for the manufacturing of pointed weapons of sword, knife, etc., which are defensive weapons and having the length of 9 inches or 2 inches, as the case may be, the licence is not required to be obtained. 5. In view of the above, no declaration can be granted to the petitioner that no licence is required under the Arms Act as per the communication dated 18th/29th May, 2004. SCA/7932/2004 3/3 JUDGMENT 6. At this stage, the learned Counsel for the petitioner submitted that the petitioner may be given time to apply for licence and the authority may be directed to decide the application within some stipulated time limit. 7. Hence, the petitioner shall be at liberty to apply within four weeks from today for licence in the prescribed form. If such application is made, the authority shall decide the same in accordance with law within a period of three months from the date of receipt of the application. 8. Subject to the aforesaid observations and directions, rule discharged. No order as to costs. 7.7.2008 (Jayant Patel, J.) vinod