ABID QURESHI Vs. STATE

JUDGEMENT

(1.) The present petition has been filed under Sec. 482 Cr.P.C. on behalf of the petitioner seeking quashing of FIR No. 04/2016 registered under Ss. 25/54/59 of the Arms Act at Police Station IGI Airport, Delhi.

(2.) As per the allegations levelled in the FIR, the present incident occurred on 3/1/2016 when the petitioner was in the process of departure from Delhi to Dubai via Flight No. 9W546 of Jet Airways from the Indira Gandhi International Airport, New Delhi. It is alleged that during the luggage checking, two live cartridges were found in a jacket which was kept in the applicant"s luggage bag.

(3.) Mr. Nitin Jain, learned counsel for the petitioner, has contended that the petitioner is not the owner of the aforesaid jacket and had borrowed it from his friend namely Rav Gayyur @ Gayub i.e., respondent No. 2, as he was going aboard. It is submitted that the applicant had kept the jacket in his luggage bag without checking it. It is further submitted that at the time of handing over the jacket to the petitioner, even respondent No. 2 was not aware about the same containing live cartridges. Along with the petition, an affidavit of respondent No. 2 has also been placed on record as per which, the petitioner"s version stands corroborated. It is stated in this affidavit that the bag and the jacket containing cartridges, seized from the petitioner, belonged to respondent No. 2. It is further stated that respondent No. 2 possessed a valid License to possess arms and cartridges at the time of alleged discovery from the petitioner.