07.08.2026 Item no. 8 Ct. No.237 AKG C.R.R. 2141 of 2026 With CRAN 1 of 2026 Sudip Daw Vs. The State of West Bengal Mr. Sabyasachi Banerjee, Mr. Anirban Dutta, Mr. Smarajit Basu, Mr. Arka Ghosh, Ms. Shiba Das ….for the Petitioner Mr. Kallol Mondal, Ld. P.P. Mr. Subir Ganguly …for the State The petitioner challenges the order dated February 6, 2026, passed by the learned Additional Sessions Judge, 1st Court, Barrackpore, in Sessions Case No. 719 of 2025 arising out of G.R. Case No. 6032 of 2025, corresponding to Rahara Police Station Case No. 219 of 2025 dated August 4, 2025, registered under Sections 25(1)(a), 29, 35, 25(6), 25(8), 25(1A), 25(1AA), and 27 of the Arms Act, 1959, read with Section 25(1B)(a) thereof. By the impugned order, the learned Judge granted interim custody of the business premises of the arms dealer, M/s. N.C. Daw & Co., to the Officer-in-Charge, Arms Section, Kolkata Police. The operative portion of the order dated February 6, 2026, reads as follows: “the prayer for de-sealing of the Shop and return of the seized registers in favour of the 2 petitioner/gunsmith, Partner of M/s. N.C. Daw & Co. is refused. However, interim custody of the Shop of the Arms Dealer, M/s. N.C. Daw & Co. is given to the O/C Arms Act Department, Kolkata Police for limited purpose, that is to say, dealing with the matters pertaining to the already deposited licensed arms of the bona fide arms owners whose arms are deposited either for repairing or for any other purpose consistent with the provisions of Arms Act, Rules, Regulation, circular, orders, etc., so that they may not suffer any undeserved inconvenience during pendency of the instant criminal case, and for preservation of the property. The custodian shall not have responsibility to run the day-to-day business of the aforesaid gun dealer/gunsmith. Further, I make it clear that no new transaction shall take place save and except the already deposited arms of the 'Licensed Arms Holders' till the final outcome of the case. For that purpose, the seized registers be also handed over to the custodian so appointed after preparing proper Panchama with still and video-graphed photos through time and date camera which shall be used as evidence in the trial of this case. Inform all concerned. The petition is accordingly, disposed of. Let a copy of this order be forwarded to the Commissioner of Police Kolkata; and the Commissioner of Police, Barrackpore PC for information with the request to extend inter-district coordination in carrying out this order. To date for charge hearing.” By an order dated May 21, 2026, this Court stayed the operation of the impugned order. However, it directed that the seal affixed to the shop in question should continue until further orders. Pursuant to the said order, the Investigating Agency has filed a report before this Court, the relevant portion whereof reads as follows: 3 “With due respect, I beg to report that during the investigation, the accused Madhusudan Mukherjee was thoroughly interrogated. In the course of interrogation, he disclosed that he had, on several occasions, illegally procured firearms and ammunition from the arms shop of N.C. Daw, which is situated in BBD Bag. In order to verify the truthfulness of the statement made by accused Madhusudan Mukherjee, proceeded to the arms shop of N.C. Daw. In the presence of the three owner/partners of the said shop and their staff members, the sale register and stock register for the preceding one year were examined and compared. On such scrutiny, substantial discrepancies were detected between the entries recorded therein. On being asked to explain the discrepancies, the three owner/partners of the shop failed to furnish any satisfactory reply. Thereafter, when they were directed to produce the firearms kept outside the stock register, they produced a total number of 41 (forty- one) firearms out of which twenty-two (22) numbers of DBBL and nineteen (19) numbers of SBBL. For the said firearms, the proprietors could not produce any valid or lawful documents in support of their possession. Accordingly, the aforesaid 41 (forty-one) firearms, which were found to be without valid documentation were seized, and also one sale register and one stock register were seized. Finally, the shop was sealed. Later, several registers were seized from the said shop. It is respectfully submitted that the shop namely "N C Daw & Co." is situated at BBD Bag under Kolkata Police jurisdiction, and all the records and documents of the shop are maintained by the Arms Section, Lalbazaar, Kolkata. Huge numbers of firearms and ammunitions are present inside the shop which are kept as safe custody. A large number of individuals have kept their firearms in that shop for safe custody, and they are repeatedly asking for their return. The reasons are that some individuals are seeking the return of their firearms for safety and security purposes, while in some cases the time for renewal of their licences is approaching. In this regard, all the records and documents of the individuals who are seeking the return of their firearms are maintained by the Arms Section of Kolkata Police. They are the only authorised/authenticated section who can properly verify and permit the return of the firearms to the individuals. Under the above circumstances, at present I have no objection for de-sealing the business premises styled as 'N C daw & Co'. Further, it is most respectfully prayed before the Hon'ble Court that the 4 responsibility for the supervision of M/s NC Daw & Co. be entrusted to the Arms Section, Kolkata, so that all firearms, ammunition, and statutory registers are properly secured, maintained, and preserved in accordance with law. Such supervision is necessary to ensure that the registers remain intact and that no alteration, tampering, manipulation, or unauthorized changes are made to any of the records, if your Hon'ble Court deems fit & proper.” Having considered the aforesaid report submitted by the Investigating Agency, this Court is of the view that the order dated February 6, 2026, passed by the learned Additional Sessions Judge, 1st Court, Barrackpore, is liable to be set aside and is accordingly set aside. It is directed that the petitioner shall maintain all statutory registers and other relevant records strictly in accordance with law and shall produce the same before the Arms Section, Kolkata Police, once every month for inspection. Needless to observe, the Arms Section, Kolkata Police, shall be at liberty to inspect the premises in question and examine the statutory registers and other relevant records maintained therein as and when necessary. The petitioner shall be permitted to carry on the business of M/s. N.C. Daw & Co., subject to strict compliance with all statutory requirements and maintenance of all records as prescribed under the Arms Act, 1959, and the Rules framed thereunder. Accordingly, CRR 2141 of 2026 along with CRAN 1/2026 stands disposed of. 5 Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities. (Kausik Chanda, J.)