MR. JOSEPH KEVIN SHAY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The 1st respondent has registered a case against the petitioner herein on the complaint of the 2nd respondent in respect of the offence punishable under Section 25(1B) (a)(b) of Indian Arms Act, 1959.

(2.) The allegation is that when the hand bag of the accused was subjected to scanning trolley in the International Airport on 9.5.2015, they found one live bullet of 9 mm. The petitioner had no valid licence to possess the ammunition in the prohibited area and thus, he has violated the provisions of the Arms Act, etc.

(3.) Learned counsel, Sri. Ravi B Naik, Senior Advocate for Sri. S Mahesh and Sanjay Yadav B, submits that the petitioner is a U.S. National. He visited India for thirty days to impart training in computer education. His VISA expired on 18.12.2015. He owns a gun at Colorado and the law of the State of Colorado does not require a license to own a firearm. Inadvertently, he has carried a live bullet in his bag while traveling to India from America. It is a fact that no arm was traced in his baggage. The prosecution has pressed into service the provisions of Section 25 (1B)