'No Conscious Possession': Delhi High Court Quashes FIR U/S 25 Arms Act For Carrying Live Ammunitions In Flight Check-In Baggage
The Delhi High Court recently quashed a FIR registered under the Arms Act against a NRI, who was travelling from Delhi to Dubai in February this year, when two live ammunitions were detected in his flight check-in baggage.While allowing the plea filed by the petitioner-accused under Articles 226 and 227 of the Constitution of India read with Section 482 of CrPC, Justice Asha Menon...
The Delhi High Court recently quashed a FIR registered under the Arms Act against a NRI, who was travelling from Delhi to Dubai in February this year, when two live ammunitions were detected in his flight check-in baggage.
While allowing the plea filed by the petitioner-accused under Articles 226 and 227 of the Constitution of India read with Section 482 of CrPC, Justice Asha Menon observed,
"There is no prima facie evidence that he had any mala fide intent in keeping the ammunition. The safety of passengers was not threatened. The possession was not conscious."
As per the prosecution, the petitioner was unable to prove that he was not in the conscious possession of the cartridges.
The counsel for the petitioner on the other hand argued that the petitioner was not in conscious possession of these two cartridges and that the same could not be used for any threat purpose, in the absence of any fire arm.
Case Title: KARAMJIT SINGH v. STATE (N.C.T. OF DELHI)
Citation: 2022 LiveLaw (Del) 233