Md. Mahfooz Arif vs The State Of West Bengal & Anr
2021 Latest Caselaw 5034 Cal

24.09.2021 item No.5 n.b.

ct. no. 34

CRR 1470 of 2020

(via video conference)

Md. Mahfooz Arif

-Vs-

The State of West Bengal & Anr.

Mr. Mr. Gurudas Maitra, Mr. Amarta Ghosh, Mrs. Riutuparna De Ghosh, Mr. Siddhartha Paul ............ for the petitioner.

Mr. Mr. Rana Mukherje, Ms. Sukanya Bhattacharyya, Mr. Mirza Firoj Ahmed Begg ....for the State

Dr. Chitrakshya Sarkar on behalf of the FSL is present.

The Deputy Commissioner of Police exercising his jurisdiction over

the NSCBI Airport Police Station, is also present in court.

The report submitted by the Deputy Commissioner of

Police reflects that the expert has already examined the sample

and submitted his opinion. Subsequently, sanction was also

obtained from the Commissioner of Police and charge-sheet has

been filed before the jurisdictional court. The presence of the two

officers that is the expert from the FSL and the Deputy

Commissioner of Police, which were earlier directed are dispensed

with.

Mr. S.G. Mukherjee, Learned Public Prosecutor and Mr.

Rana Mukherjee, Learned Additional Public Prosecutor appearing

in this matter for the State has submitted that there was a

communication gap on the ground level and as such the sample

was not accepted by the FSL. Be that as it may henceforth it is

directed that in case there are good grounds by the FSL for not

accepting any sample an endorsement with reason thereof must be

expressed in writing otherwise. A wrong message to both the police

authorities and as well as the society. No further order need be

passed at this stage.

The report of the FSL be kept on record.

The learned advocate for the petitioner submits that the

petitioner was a licence holder which had expired and further

application for renewal was pending before the District Judge. As

such the petitioner cannot be implicated under Section 25(1)(a) of

the Arms Act. To that effect, learned advocate relies upon the

Judgment of the Supreme Court. The present stage is to be

appreciated and the documents which have been furnished to this

Court as also to be appreciated. An application for quashing and

the foundation facts created by the petitioner cannot be phostate

copies of the documents which have been placed before this Court.

The prosecution has very recently submitted the charge-sheet

before the jurisdictional court. The copies on which the

prosecution intends to rely to prove his case under Section 207 of

the Act. The foundation facts so created are to be brought before

the Court for consideration where the pleas which has been taken

by the petitioner is justified or not. Be that as it may, the petitioner

has approached this Court at the premature stage as no

interference is called for. However, the petitioner will be at liberty

to agitate the points canvassed in the revisional application at the

stage of consideration of charge.

With the aforesaid observations, CRR 1470 of 2020 is

disposed of.

Interim order, if any, if hereby vacated.

All pending connected applications, if any, are

consequently disposed of.

The report of the Deputy Commissioner of Police,

Bidhannagar Police Commissionerate be kept with the record.

All parties shall act on the server copy of this order duly

downloaded from the official website of this Court.

( Tirthankar Ghosh, J.)