DILDAR SINGH Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India read with Sec. 482 Cr.P.C has been filed for quashing FIR No.76/2020 dtd. 5/2/2020, registered at Police Station IGI Airport, New Delhi for offence under Sec. 25 of the Arms Act, 1959.

(2.) It is stated that on 5/2/2020, the petitioner was travelling to Paris from New Delhi. It is stated that during baggage checking, when the petitioner placed his baggage for scanning, it was found that the petitioner was carrying one (1) live cartridge of 7.65 mm. It is stated that when the petitioner was asked to produce valid documents for cartridge/ammunition, it was revealed that the petitioner did not have a license for the same. Subsequently, the live cartridge was seized and taken into possession and the instant FIR was registered against the petitioner.

(3.) It is stated that the said cartridge belongs to his friend, namely, Shri Devender and his friend holds a valid Arms License bearing No.121/AUGUST/08 PS BISRAKH. It is the contention of the petitioner that he was not in conscious possession of the cartridge and that FIR No.76/2020 dtd. 5/2/2020, registered at Police Station IGI Airport, New Delhi for offence under Sec. 25 of the Arms Act, 1959 be quashed.