JOHN JOSEPH FERNANDEZ Vs. SUNIL DUTT SHARMA

JUDGEMENT

(1.) The Police after investigation submitted the charge sheet for the offence punishable under Ss. 3 and 25(1)(a) of the Indian Arms Act, 1959, alleging that on screening of the bag belonging to the petitioner-accused, it was deleted that he was in possession of two live cartridges when he was travelling from Mangaluru Airport to Mumbai. The learned Magistrate took cognizance of the aforesaid offences and issued summons. Taking exception of the same, this petition is filed.

(2.) Learned counsel appearing for the petitioner- accused submits that, the only allegation against the petitioner- accused is that he was in possession of the two live cartridges which does not constitute the commission an offence punishable under Sec. 3 and 25(1)(a) of the Arms Act, since he was not in conscious possession of the two live cartridges and also two live cartridge is not the part of any arm or ammunition, since he was not carrying any pistol or revolver so as to commit the offence under the provisions of the Arms Act . In support, reliance is placed on the decisions of the Hon'ble High Court of Delhi, in the case of SH Gaganjot Singh -vs- State in W.P.(Crl.) 1169/204, disposed of on 1/12/201 and also in the case of Jaswinder Singh -vs- State of Govt. of NCT of Delhi & Another, in Crl.M.C.No.4207/2014 & Crl.M.A.No.14518/2014, disposed of on 11/8/2015.

(3.) On the other hand, learned HCGP appearing for respondent-State would submit that the petitioner-accused has committed an offence punishable under Sec. 3 and 25(1) (a) of the Arms Act by carrying two live cartridges without license as specified under Sec. 8 of the Arms Act. Hence, the Police after investigation, have rightly filed the charge sheet which does not warrant any interference and sought for dismissal of the petition.