FRANCISCO DEL PINO MADRONA Vs. NCT OF DELHI

JUDGEMENT

(1.) By this petition under section 482 of Code of Criminal Procedure, 1973, the petitioner has prayed for quashing of the FIR No. 365/2017 under Sections 25/54/59 of the Arms Act, 1959 registered at Police Station IGI Airport, New Delhi.

(2.) It is submitted that the petitioner is a Spanish National. He was travelling from Madrid to Kathmandu (Nepal) via Paris and New Delhi. He was to change flight at New Delhi. While the petitioner was passing security check area, his handbag was searched by the security personnel's and one live cartridge was found in the bag. Consequently, the present FIR was registered.

(3.) It is submitted that petitioner was not in 'conscious possession' of one live cartridge, which was recovered from his bag. When petitioner commenced his journey from Madrid (Spain) this live cartridge inadvertently remained lying in his bag. Petitioner had no clue about the presence of the live cartridge in his bag when he commenced his journey.