KOTESHWARI ORUGANTI Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) This petition has been filed under Article 226 of the Constitution of India seeking quashing of FIR No.347/2021 under Sec. 25 of the Arms Act, 1959 registered at Police Station IGI Airport, Delhi and all the proceedings emanating therefrom.

(2.) Ms. Nusrat Hossain, learned counsel for petitioner, submits that the petitioner is a resident of USA and had landed in Delhi on 22/12/2021 on her way to her ancestral home in Andhra Pradesh, India, when during baggage screening, the suspicion of the security staff was raised on account of an image from her baggage and on physical check thereof, one live cartridge was recovered. Learned counsel submitted that the live ammunition was gifted by the petitioner's cousin as a 'souvenir' and was inadvertently kept in the pocket of the petitioner's cloth by her son and that one live cartridge cannot be used for any threat purpose without there being any fire arm.

(3.) Further, though the prosecution alleges that the petitioner had no valid documents nor a licenced weapon, justifying the carrying of such a live ammunition, learned counsel for petitioner has relied on decisions of Coordinate Benches of this Court in Davinder Singh Dhindsa v. State (NCT of Delhi), 2019 SCC OnLine Del 7895; W.P.(Crl.) 754/2020 titled Adhiraj Singh Yadav v. State [Order dtd. 31/12/2020] and Jasbir Chahal v. State, 2018 SCC OnLine Del 8839, to submit that in cases like the present one where there was no "conscious possession", the courts have been quashing the FIRs and therefore, prays that the FIR in question and all proceedings arising therefrom be quashed.