GOLAP SAIKIA Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The petitioner has filed the present petition under Sec. 482 Crimial P.C. for quashing of the FIR No. 352/2013, under Sections 25/54/59 of the Arms Act, 1959 registered at P.S. IGI Airport and all the proceedings emanating there from which are pending before the Court of learned ACMM, Patiala House Courts, New Delhi.

(2.) The brief facts stated are that on 8th Dec., 2013 a complaint was received at P.S. IGI Airport, Delhi from one Deepak Chadha, Manager on duty of Cathay Pacific Airways that during the in line X-ray and physical search by Airport Operator Delhi International Airport Ltd. observed that the petitioner was in possession of ammunition in his check-in baggage, which was lying in the pocket of his track suit without there being any explanation for carrying the same. Therefore, on the said complaint, a case vide FIR No. 352/2013 dated 8th Dec., 2013 under Sections 25/54/59 of the Arms Act, 1959 was registered at P.S. IGI Airport, Delhi and the petitioner was arrested. On the same day, the petitioner was departing for Bangkok by Cathay Pacific Airways Flight No. CX 708 on the strength of his Indian Passport No. J3784434.

(3.) During the course of investigation, the single cartridge was sealed with seal No. 5 IGIA and the same was taken into police possession through seizure memo. The total length of the ammunition was found to be 3 cms and on the bottom of the round K.F. 32 S & W was engraved. Thereafter, the petitioner produced a photocopy of his Arms Licence No. 372/A/Kamrun dated 30th Feb., 2008 issued by DM Distt-Kampur, which was valid only till 31st Dec., 2011 and the area of validity was limited to the State of Assam.