1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2187 OF 2009 Shri Shyamsunder Hridaynarayan Pandey .. Petitioner Vs. The State of Maharashtra & Anr. .. Respondents Mr.U.N. Tripathi for the petitioner Mrs.A.S.Pai, A.P.P. for the State CORAM : J. N. PATEL & A.A. SAYED, JJ DATE : 17TH NOVEMBER, 2009 P.C. : 1. Mr.Tripathi, the learned counsel appearing for the petitioner states that in case this court grants leave to the petitioner to apply to the Commissioner of Police, Mumbai for issuing a fresh license to possess Arms for self protection, he will not press for this petition though the petitioner is not conceding to his right to continue to hold arms under the license obtained by him from his native place. 2. In view of the fact that the petitioner is prepared to apply for a fresh Arms License to the Commissioner of Police, Mumbai as provided under 2 the Arms Act and the Rules made by the State Government in that regard, we permit the petitioner to withdraw the petition and apply afresh for Arms License to the Commissioner of Police, Greater Mumbai as he has been found to be an ordinary resident of Malad West, Mumbai 400 064 and having business in Mumbai for last 20 years. 3. The learned A.P.P. after seeking instructions from Ms.Vandana Narkar, Police Inspector, Arms and Ammunition who is representing the Commissioner of Police states that in case the application is made by the petitioner for issuance of Arms License to the Competent Authority, the Commissioner of Police would take a decision in the matter within a period of 3 months on its own merits. 4. We make it clear that merely because the petitioner s Arms License ’ obtained from the native place has not been registered by the Commissioner of Police, Mumbai on the ground that he is an ordinary resident of Mumbai and should not have applied to the competent authority at his native place, but should have obtained the Arms License which is point 0.32 caliber revolver S/W in Mumbai. However, presently the same is in possession of the Commissioner of Police, Mumbai by virtue of its seizure. 5. We further direct that the respondent Commissioner of Police shall not 3 dispose of the aforesaid fire arm seized from the possession of the petitioner or any other person without the permission of this court till his case of giving the arms license is decided. The learned counsel for the petitioner submits that the petitioner would file a fresh application in the office of the Commissioner of Police, Mumbai within two weeks from the date of this order. 6. Petition stands disposed of accordingly. ( J. N. Patel, J) (A.A. Sayed, J)