(1.) The petitioner has preferred the present writ petition to seek quashing of the FIR No.417/2016 under Sec. 25 of the Arms Act registered at IGI Airport against the petitioner and the proceedings arising therefrom.
(2.) The petitioner is a national of Islamic Republic of Afghanistan. He came to India along with his father, his brother and uncle for treatment of his father at Fortis Hospital, Okhla on 20.10.2016. His father was advised a kidney transplant. The petitioner and others, therefore, decided to go back to Afghanistan to arrange for the Kidney and come again. On 01.06.2016, when the petitioner and others were boarding the Flight No.FG312 of Ariana Afghan from New Delhi to Kabul at Terminal T-3, of IGI Airport, the petitioner was detained as 08 live rounds (bullets) were detected from his check-in baggage. Consequently, the aforesaid FIR came to be registered.
(3.) The submission of the petitioner is that he was not conscious of the fact that the said 8 bullets were lodged in his check-in baggage. The petitioner submits that the father of the petitioner had a licensed revolver and the said bullets had been issued in respect of the said licensed revolver. The petitioner was required to and has placed on record the license issued in the name of his father in respect of the aforesaid firearm. The arms license placed on record by the petitioner has already been got verified as is evident from the status report itself.