Case –Gurdeep Singh Dhinjal Vs.State of M.P.& ors
The Bench of Justice S.A.Dharmadhikari remarked:
“It is presently a settled law that as possession of a non-prohibited fire-arm helps build a person’s right to protect himself, the proper is taken into thought as fundamental right under Article 21 of Constitution of of India, subject to cheap restrictions.”
Further, observant that granting a licence need to be the rule & refusal in exception, for reasons to be recorded in writing, the court said.
Section 13of the Arms Act deals with the grant of license and Section 14 of the Arms Act is relating to the refusal of the license.
Importantly, the Court said:
“If the absence of threat to the property is not a criterion for refusal of a licence, it will even be found inferentially that absence of threat to the person of the human would be no criteria for refusal of the licence”
Observing this, the Court noted that there do not appear to be any factors that build the petitioner unsuitable or incompetent for effort and possessing a gun licence.
Accordingly, the impugned order was put aside & the State Authorities were directed to rethink the claim of the petitioner in accordance with section 14.