The Bombay High Court recently set aside an order of an appellate authority, which had rejected the application of Rohan Ruia, a dealer of petroleum products, for getting his grandfather’s arms licence transferred to his own name. The court said that Ruia could file a fresh application before the licensing authority.
The petition stated that when Ruia’s grandfather Jagmohan S. Ruia was the director of the petroleum dealership business, he had an arms licence issued by the Commissioner of Police, Mumbai, which was valid up to December 1981. Jagmohan had a .25 bore pistol. His grandson told the court that he started looking after the day-to-day affairs of the family business recently, since his father Kanhaiyalal Ruia had not been keeping well.
Rohan also told the court that he found his grandfather’s pistol in the family vault, and that he immediately informed police. He then applied for a transfer of licence from his grandfather to his own name, along with a consent affidavit of the heirs of Jagmohan Ruia.
A division bench of Justice R M Savant and Justice K K Sonawane set aside the order of the appellate authority and said, “In our view, the rejection of the application filed by the petitioner (Ruia) has been done without taking into consideration the fact that the petitioner’s family is running a petrol pump since the year 1954 as a dealer of Indian Oil Corporation and that the petitioner’s grandfather was granted a licence by the Commissioner of Police in the year 1967 which was valid upto the year 1981. The said facts in our view assume importance in the context of an arms licence, which facts unfortunately have not been given due consideration.”