High Court · 2025

W.P. (Crl.) No.1608 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 12.12.2025CORAM:THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRAW.P. (Crl.) No.1608 of 2025Rahul Gopal... PetitionerVs.1. The State of Tamil Nadu Represented by its Secretary Home Department, St. George Fort, Chennai – 600 0092. The Commissioner of Police Greater Chennai Police Vepery, Chennai – 600 0073. The Deputy Commissioner of Police Administration Greater Chennai Police Vepery, Chennai – 600 007... RespondentsPrayer: Writ Petition (Criminal) filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records pertaining to impugned order passed vide Rc.No.E2(3)/24/26838/2025 dated 03.10.2025, by the 2nd respondent and countersigned by the 3rd respondent rejecting the request of the petitioner to possess two additional weapons more specifically one .32 NP Bore Pistol/Revolver and one .22 NP Bore Pistol, enhancing the ammunition quantity to 30,000 rounds per year with 15,000 rounds of possession at one time and extension of area validity of Arms License No.A190/TN/E3, UIN No:315521004573762024 to All India and quash the same and consequently direct the respondents to permit 1/8 https://www.mhc.tn.gov.in/judis W.P. (Crl.) No.1608 of 2025the petitioner to possess two additional weapons one .22 Bore NP Pistol and one .32 NP Bore Pistol/Revolver increase the ammunition quantity to 30,000 rounds with 15000 rounds possession at one time and extension of area validity of Arms License No.A190/TN/E3, to All India, within a reasonable time period. For Petitioner : Mr.Kandeep ShravanFor Respondents : Mr.K.M.D.Muhilan Additional Public Prosecutor O R D E RThis Writ Petition has been filed to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to impugned order passed vide Rc.No.E2(3)/24/26838/2025 dated 03.10.2025, by the 2nd respondent and countersigned by the 3rd respondent rejecting the request of the petitioner to possess two additional weapons more specifically one .32 NP Bore Pistol/Revolver and one .22 NP Bore Pistol, enhancing the ammunition quantity to 30,000 rounds per year with 15,000 rounds of possession at one time and extension of area validity of Arms License No.A190/TN/E3, UIN No:315521004573762024 to All India and quash the same and consequently direct the respondents to permit the petitioner to possess two additional weapons one .22 Bore NP Pistol and one .32 NP Bore Pistol/Revolver increase the ammunition quantity to 30,000 rounds with 15000 rounds 2/8 https://www.mhc.tn.gov.in/judis W.P. (Crl.) No.1608 of 2025possession at one time and extension of area validity of Arms License No.A190/TN/E3, to All India, within a reasonable time period. 2. The case of the petitioner is that he is a dedicated sportsperson practicing sports shooting since 2023. He holds valid Arms License (No.A190/TN/E3-UIN No:315521004573762024) for his .32 Bore Pistol as mandated by the Arms Act, 1959 read along with the Arms Rules, 1956. The petitioner has been recognized as an Aspiring Shooter (as defined under the Arms Rules, 2016), by the National Rifle Association of India and the Tamil Nadu Shooting Association in terms of the Ministry of Home Affairs Notification No.S.O.665 (E) dated 12.02.2020 for three categories viz., (i) .22 Bore (25M Standard Pistol), (ii) .22 Bore (50M Free Pistol) and (iii) .32 Bore (25M Centre Fire). As per the said notification, the petitioner is entitled to possess two weapons of any category in which he is an aspiring shooter. Subsequently, the Government of India, vide notification dated 24.02.2020, increased the limit of firearms, which could be possessed by shooters under exempted category. By virtue of the said notification, the petitioner is entitled to 2 exemption firearms under the category of an ‘Aspiring Shooter’ and 2 firearms under the normal citizen exemption increasing the petitioner’s entitlement to possession of 4 firearms. Presently, the petitioner is entitled to 300 rounds at one time and 2000 rounds purchasable during the year.3/8 https://www.mhc.tn.gov.in/judis W.P. (Crl.) No.1608 of 20253.The further case of the petitioner is that his area validity as per the license is limited to Tamil Nadu and hence, the petitioner is restrained from carrying his own firearms to competitions, conducted outside the territory of India. As an aspiring shooter, it would be beneficial if the petitioner uses his own firearms in the competitions. Further, owing to rigorous practice sessions prior to competitions, the petitioner required enhancement of his ammunition since it would enable him to practise 100-200 rounds per session. Since the petitioner required an enhancement of possession of firearms and ammunition and permission to transport his firearms across State borders and also extension of his area validity to ‘All India’, as an aspiring shooter, he made an application dated 24.04.2025 before the 2nd respondent. The 2nd respondent kept the application pending for nearly six months. Subsequently, without conducting any enquiry and without affording sufficient opportunity to the petitioner, the 2nd respondent passed the impugned order dated 03.10.2025, countersigned by the 3rd respondent, rejecting the petitioner’s application without disclosing any reason or ground for such rejection. Hence, challenging the same, the present petition has been filed.4. When the matter was taken up for hearing today, the learned counsel for the petitioner submitted that a similar issue has already been considered by this Court in W.P.No.37852 of 2024, wherein, a Co-ordinate 4/8 https://www.mhc.tn.gov.in/judis W.P. (Crl.) No.1608 of 2025Bench of this Court, vide order dated 10.01.2025, finding that the order under challenge therein is a cryptic order, had set aside the same and consequently, directed the Commissioner of Police/the 2nd respondent therein, to consider the request of the petitioner therein afresh and pass a detailed final order on merits.5. Per contra, the learned Additional Public Prosecutor appearing for the respondents, though, did not dispute the above submission made by the learned counsel for the petitioner, however, submitted that, as against the impugned order passed by the 2nd respondent, there is an effective appeal remedy available before the State Government and without exhausting the said appeal remedy, filing the present writ petition (criminal) is not sustainable. Accordingly, he prayed for dismissal of this petition.6. Heard the learned counsel on either side and perused the materials available on record.7. Though very many grounds have been raised by the learned counsel on either side at the time of arguments, admittedly, the petitioner’s application seeking to permit him to possess two additional weapons and enhancing the ammunition quantity to 30,000 rounds per year with 15,000 rounds of possession at one time and also extension of area validity of Arms License to All India, has been rejected vide impugned order, which is a non-speaking order and the same is bereft of any reasoning and the said fact is 5/8 https://www.mhc.tn.gov.in/judis W.P. (Crl.) No.1608 of 2025not in dispute. To be noted, reasoning is the heartbeat of a conclusion and hence, the conclusion sans reasoning is nothing short of a person sans breath. Therefore, on this solitary ground itself, this Court is inclined to interfere with the impugned order.8. Accordingly, the impugned order bearing Rc.No.E2(3)/24/26838/2025 dated 03.10.2025, passed by the 2nd respondent and countersigned by the 3rd respondent, is hereby set aside and the 2nd respondent is directed to consider the petitioner’s application dated 24.04.2025, afresh and pass appropriate orders on its own merits, within a period of four weeks from the date of receipt of a copy of this order.9. With the above observations, this writ petition (criminal) stands allowed. 12.12.2025ksa-2Neutral Citation:Yes/No6/8 https://www.mhc.tn.gov.in/judis W.P. (Crl.) No.1608 of 2025To1. The Secretary Home Department, St. George Fort, Chennai – 600 0092. The Commissioner of Police Greater Chennai Police Vepery, Chennai – 600 0073. Deputy Commissioner of Police Administration Greater Chennai Police Vepery, Chennai – 600 0074. The Public Prosecutor High Court of Madras7/8 https://www.mhc.tn.gov.in/judis W.P. (Crl.) No.1608 of 2025A.D.JAGADISH CHANDIRA J.ksa-2W.P. (Crl.) 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