RAJVIR KAUR Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The present petition under section 482 of the Cr.P.C seeks quashing of F.I.R No. 0136/2016 under Section 25 of the Arms Act, 1959 registered at PS IGI Airport, New Delhi and all criminal proceedings emanating therefrom.

(2.) The facts emerging from the record are that the petitioner who is the wife of one Mr. Jaswant Singh, was travelling to Canada via Hong Kong by Cathay Pacific Airlines Flight No. CX-694 on 09.04.2016, when during the screening of her baggage, it transpired that the same contained some live ammunition. A physical search of the petitioner's baggage was carried out and one 0.38 mm live cartridge was found therein. As the petitioner was unable to produce any legal document or license in respect of the recovered ammunition at the time of seizure, the captioned FIR was registered against her on 10.04.2016.

(3.) It is claimed by the learned counsel for the petitioner that when the aforementioned cartridge was recovered from her baggage, the petitioner had informed the Investigating Officer that she had borrowed the said bag from her father-in-law, Sh. Ajit Singh, who possessed a valid arms license for the cartridge and she was not at all aware that a single cartridge had been inadvertently left behind in his bag. During the course of investigation, the petitioner had also submitted a photocopy of the arms license in the name of her father-in-law.