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Calcutta High CourtWPA/24389/2022disposed

Sanjoy Adak v. State Of West Bengal And ORS.

2022-11-14Hon'Ble Justice Moushumi Bhattacharya3 pages

Ct. 05 Item No.10 14.11.2022 (Suvendu) WPA 24389 of 2022 Sanjoy Adak Vs.

The State of West Bengal & Ors.

Mr. Pingal Bhattacharyya Mr. Rajdeep Sinha ...............for the petitioner Mr. Raja Saha Mr. D. Sahu ..........for the State The affidavit of service is taken on record.

The urgency shown on behalf of the writ petitioner for the relief prayed for is the 65th National Shooting Championship Competitions (NSCC) (Shotgun Events), from 20th November, 2022 in New Delhi wherein the petitioner aspires to participate. The petitioner has been declared as an "Aspiring Shooter" by the Secretary, The National Rifle Association of India.

The declaration is borne out by a subsequent letter of 3rd January, 2022 from the Secretary of the National Rifle Association to the District Magistrate, Purba Medinipur certifying that the petitioner is an "Aspiring Shooter" in terms of the

Notification of the Ministry of Home Affairs dated 12th February, 2020. The relevant Notification states that an "Aspiring Shooter" under Clause 2(e) shall be entitled to two additional weapons of any category in which the person is an "Aspiring Shooter".

The petitioner applied for issuance of Arms Licenses of certain weapons relying on the exemption in the Notification to the District Magistrate, Purba Madinipur, which was received by the authority on 1st February, 2022. The records before the Court show that the District Magistrate then called upon the Superintendent of Police, Purba Medinipur and the Sub-Divisional Officer, Purba Medinipur to submit their respective Enquiry Reports for issuance of the license in favour of the petitioner. The direction was given on the two authorities on 3rd August, 2022.

The State is represented and learned counsel appearing for the State submits that the SP and the SDO of Purba Medinipur are yet to file their respective Enquiry Reports.

Given the admitted delay and inaction on the part of the SP and the SDO together with the fact that the National Rifle Association of India event is scheduled to be held from 20th November, 2022, WPA 24389 of 2022 is disposed of with a

direction on the SP, Purba Medinipur to file its Report within 16th November, 2022. The SDO, Purba Medinipur albeit not a party to the writ petition is also directed to file its Report within 16th November, 2022. The Reports shall be handed over to the District Magistrate, Purba Medinipur on 16th November, 2022 itself and the District Magistrate shall then come to a finding on the Reports by 18th November, 2022. The District Magistrate shall communicate the decision to the petitioner on 18th November, 2022 so that the petitioner can be informed whether the petitioner is eligible for the exemption granted under the Notification for the two additional licenses before the competition beginning on 20th November, 2022.

Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertakings.

(Moushumi Bhattacharya, J.)