SIMRAN Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) By way of the present petition, the petitioner seeks quashing of the FIR bearing no. 02/2018, registered at Police Station Rithala Metro, Delhi, for offence punishable under Sec. 25/54/59 of the Arms Act, 1959 and all consequential proceedings emanating therefrom.

(2.) The brief facts, as per the prosecution case are, that on 4/5/2018, during screening through the inline X-BIS machine at Kohat Enclave Metro Station, the check-in bag of the petitioner was scanned and two live cartridges were detected therein. Upon inquiry by the CISF officials, the petitioner failed to produce any valid licence or authorization for carrying the said ammunition. It is further submitted that Contable Satish Singh, CISF had handed over a written complaint along with two live 8 mm cartridges and the petitioner to the local police. The cartridges were placed on white paper, their sketch was prepared, and measurements were taken, revealing the length as 7.5 cm and width as 1.4 cm, with "KF" engraved on the base. Thereafter, the recovered cartridges were sealed in a white cloth parcel (pulanda) with the seal of "L.L.", and the FSL form was duly filled. The sealed pulanda was taken into police possession, in accordance with law. On the basis of the above facts, the present FIR bearing no. 02/2018 was registered at Police Station Rithala Metro Station for commission of offence punishable under Sec. 25/54/59 of Arms Act.

(3.) Aggrieved by the aforesaid FIR, the petitioner has preferred the present petition for quashing of the present FIR.