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Gujarat High Court · body

1987 DIGILAW 126 (GUJ)

KISHOR BHANUPRASAD DAVE v. COMMISSIONER OF POLICE,ahmedabad

1987-10-15

A.P.RAVANI

body1987
A. P. RAVANI, J. ( 1 ) RULE. Mr. R. R. Tripathi waives service of rule on behalf of the respondents. ( 2 ) PETITIONERS are serving in Excise Department and present they are working in the office of the Collector Customs (Prevention) Gujarat State at Ahmedabad. The petitioners have applied on 20-11-1986 for grant of licence for revolver the description of which has been given by the petitioners in their application submitted to the authorities. The application submitted by the petitioners has not been decided by the respondent authorities and hence the petition requesting that the respondent authorities be directed to decide their application before certain date as may be specified by the Court. ( 3 ) IN the affidavit-in-reply it is stated that the office of the Police Commissioner has received numerous applications from the personal serving in the department of Excise for grant of licence under the Arms Act. A grievance is made in the affidavit in reply with regard to the policy of the Government of India for distributing and/or allotting revolvers to the officers of Excise and Customs Department only. It is stated in the affidavit-in-reply that the Government of India has not framed any guidelines with regard to the distribution or allotment of weapons from the confiscated stock of weapons with the Department. It also appears from the affidavit-in-reply that the matter for framing guidelines in respect of the distribution and allotment of those weapons has been taken up by the State Government with the Government of India. Therefore it is submitted that so long as the guidelines are not framed by the Government of India the application of the petitioners cannot be decided. ( 4 ) THE manner in which the weapons confiscated by the Government of India should be distributed is not the concern of the Police authorities of the State Government. It is not even the concern of the State Government as such. The Government of India has decided to give the weapons from the stock of confiscated weapons to the personnel of Excise and Customs Department. Pursuant to this policy the petitioners have obtained weapons for which they have prayed for licence to the State Government authorities. The State Government authorities have to decide the application for grant of licence in accordance with the relevant provisions of the statute and the rules framed thereunder. Pursuant to this policy the petitioners have obtained weapons for which they have prayed for licence to the State Government authorities. The State Government authorities have to decide the application for grant of licence in accordance with the relevant provisions of the statute and the rules framed thereunder. It is not for the State Government authorities to question the policy of the Central Government with regard to the distribution of weapons from the confiscated stock of weapons. At any rate on this ground the application for licence submitted by the petitioners cannot be kept in abeyance. The State Government authorities are bound to decide the applications within reasonable time. The ground advanced by the State Government authorities for not deciding the application is irrelevant and extraneous. Hence the petition is required to be allowed application submitted by the petitioners latest before 30/11/1987 Rule made absolute with no order as to costs. Rule made absolute. .