GAGANJOT SINGH Vs. STATE

JUDGEMENT

(1.) THE proceedings have been referred to the Division Bench by an order of the learned Single Judge. The order of reference dated 22.07.2014 sets out point of reference, which is as below:

(2.) THE brief facts are that this petition was instituted for quashing of the First Information Report (FIR) No. 158/2014 dated 12.05.2014 registered at Police Station Indira Gandhi International (IGI) Airport (for offence allegedly committed under Sections 25/54/59 of the Arms Act, 1959 - hereafter called "the Act"). The FIR was registered on account of the petitioner's conceded possession of an 8 mm KF live cartridge when he tried to board China Eastern Airlines, Flight No. MU -564. The petitioner is a US citizen and holds passport holder No. 470434993. At the time of examination of his baggage, the Police discovered the live cartridge and, consequently, after interrogating the petitioner, lodged the FIR.

(3.) IN both the cases, the Courts held - in somewhat analogous or similar circumstances, that the offences alleged were not made out. The learned Single Judge in Manuel R. Encarnacion (supra) was of the opinion that the judgment of the Constitution Bench in Sanjay Dutt Vs. State Through C.B.I., Bombay (II), : (1994) 5 SCC 410, squarely applied - in that, the allegations did not disclose conscious possession. In the second judgment in Chang Hong Saik (supra), the learned Single Judge was of the opinion that the petitioner's conduct and possession of cartridge fell within the exception prescribed under Section 45(d) of the Act.