MICHAEL JOSEPH HAYDEN Vs. STATE (GNCT) OF DELHI

JUDGEMENT

(1.) The petitioner seeks quashing of FIR No. 468/2014 under Sections 25/54/59 Arms Act, Police Station IGI Airport as also the summoning order dated 01.10.2016.

(2.) The allegations in the FIR are that the petitioner, who is an American national, was travelling to Kolkata from Delhi. The petitioner was en route from St. Louis-Missouri via Chicago. During screening/scanning of the handbag, one live cartridge was found in baggage of the petitioner.

(3.) The contention of learned counsel for the petitioner is that the petitioner was visiting Kolkata and had taken the connecting flight and was not aware that his handbag contained a live cartridge. It is contended that the petitioner was not aware as to how the said cartridge came in his bag. Further it is contended that since the petitioner has taken a connecting flight and his handbag was also scanned United States and it was highly improbable that the live cartridge would have escaped the scanning carried out in the United States. It is submitted that there was no conscious possession of the live cartridge.