Calcutta High Court Calls For Affidavits From NIA, State Govt Over Issue Of Foreign-Made Firearm Seized In Kolkata

The Calcutta High Court has called for affidavits from the National Investigation Agency (NIA) and the State government in a plea highlighting the issue of a foreign-made revolver with a value of Rs 4,000 which had been seized by the Kolkata police upon a search on the premises of an individual who intended to sell the firearm in the city.

Upon hearing the plea, a division bench of Chief Justice TS Sivagnanam and Justice Supratim Bhattacharya held:

"A serious issue has been raised stating that firearms of foreign origin are been traded and sold in West Bengal. It states that all laws regulating the same are under central legislation and the state police cannot investigate the same, with the proceedings needed to be handed over to a central agency. A terrorist act includes activity where firearms...are being used. The UAPA has been included in the NIA Act. The investigation has to be handed over to the central agency. The matter being serious in nature has to be dealt with appropriately."

It was submitted that the revolver had a foreign origin and was tracked to a person from whom it was seized. It was argued that a huge number of arms and ammunition may be recovered from him.

It was argued that the police authorities had filed a case against the accused but did not charge him under specific sections for selling the firearms, even after recording so in their allegations.

Counsel for the petitioner prayed for charges under the Unlawful Activities Prevention Act (UAPA) and submitted that the local public was being threatened by the accused. He prayed for the offense to be investigated by the NIA.

It was stated that the State had not taken any steps and that the petitioner had applied before the trial court, which had not been adjudicated.

"We have no faith today," it was argued.

"Which allegation according to you will attract an offense by which the matter has to be transferred to the NIA?" the Chief Justice asked.

The counsel submitted that the arms were of foreign origin and that it could be brought within the purview of 'terrorist activity' which must be investigated by the NIA.

It was argued that any kind of terrorist activities affecting lives, property, or national security would be under the purview of the NIA. 

Upon hearing the arguments, the Bench observed:

"If foreign origin firearms are coming within the state, then the state police may not be able to investigate, because it may involve more than one country also. So it will be difficult for the state police to investigate."

ASG Ashoke Kr Chakrabarti submitted that the offenses being addressed were primarily violations of the Arms Act, and also of the Explosive Substances Act, which fell under the schedule of the NIA Act. It was argued that it must be investigated by the NIA. 

It was submitted that the firearms being allegedly sold may be used for terrorist activities and that the State would not be empowered to investigate offenses under the NIA Act or look into the source country from which the firearm was procured.

Accordingly, the Court admitted the plea and directed the NIA and state to submit their affidavits in the matter on the next date.

Case: DEBASIS MONDAL ALIAS DEBASISH MONDAL v STATE OF WEST BENGAL AND ORS

Case No: WPA(P) 22/2024