The Delhi High Court has quashed an FIR against a man — who was apprehended at the Delhi airport with 20 live cartridges while he was to board a flight to Ahmedabad.
A Vacation Bench of Justice Vibhu Bakhru noted that in several cases, the court has held that unconscious possession would not attract the rigours of the Arms Act.
Adhiraj Singh Yadav had moved the court, seeking to quash the FIR registered in April last after the live cartridges were recovered from his hand baggage. Mr. Yadav said he is an engineering student and had appeared for Air Force Common Admission Test.
Mr. Yadav said he was scheduled to travel to Ahmedabad for appearing in the interview and had borrowed the hand baggage from the wife of his landlord, who is a Colonel.
He said he was not aware that there was any live ammunition kept in the sleeves of the said bag. The live ammunition belongs to the Colonel, who also holds a valid Arms licence. Mr. Yadav said he was in a hurry when he packed the luggage.
Taking note of the submission, the court said, “it is well settled that an offence under Section 25 of the Arms Act would not be made out in cases where the suspect was not conscious that he was in possession of live ammunition”.
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