DHANWANT KAUR Vs. STATE

JUDGEMENT

(1.) The petitioner while intending to fly on flight No.GA-286 from Delhi to Goa was intercepted at the security check-in counter when on examination of her bag 5 live cartridges were found in a pouch. Since petitioner could not produce an arms license FIR No.17/2015 under Sec. 25 Arms Act was registered at PS IGI Airport. The explanation of the petitioner was that she did not check the stuff in the pouch and put her artificial jewellery therein and carried it along with the luggage which was detected by the airport authorities. She also stated that 5 live cartridges belonged to her husband who was having an arms license.

(2.) During the course of investigation, copy of the arms license of the petitioner's husband was handed over to the Investigating Officer which was verified to be correct. The petitioner's husband with a license No.3583/DM/LDH/DIV 5/Jan-2005 had two weapons i.e. NPB 7.62 MM Bore Pistol No.31063600-66 and another NPB 12 Bore DBBL Gun No. KSA-10012-83. The petitioner's husband had a quota of 25/25 cartridges and the five live cartridges were for use in the 7.62 MM Bore pistol. After investigation a charge-sheet has been filed and petitioner was summoned for offence punishable under Sec. 25 Arms Act. Hence the present petition.

(3.) According to the definition of ammunition under section 2(b) of the Arms Act and the decision of the Division Bench of this Court in Shri Gaganjot Singh Vs. State in W.P. (CRL.) 1169/2014 a live cartridge is an ammunition. As per the report of the FSL received 5 cartridges are live ammunitions.