VED PRAKASH MISHRA Vs. STATE

JUDGEMENT

(1.) Quashing of FIR No. 211/2018, under Sections 25/54/59 of Arms Act, 1959 registered at Police Station IGI Airport, Delhi is sought in this case, while relying upon Supreme Court's decision in 'Anand Kumar Mohatta and Anr. Vs. State (Govt. of NCT of Delhi Department of Home and Anr' 2018(14) SCALE 756.

(2.) Learned counsel for petitioner submits that petitioner himself was unaware of the presence of 4 live cartridges in his hand bag at the time of his travel. It is submitted on behalf of petitioner that it was an act of sheer negligence on his part and he ought to have checked the handbag before leaving for the airport. It is pointed out that petitioner was travelling to Lucknow from Delhi on an official work for Competition Commission of India (herein after referred to as the Commission) being the Director (Law) of the Commission in a matter which was suddenly reflected in the cause-list of the Hon'ble High Court. So, it is submitted that there was no intention on his part to commit offence under Sections 25/54/59 of the Arms Act, 1959.

(3.) Perusal of status report reveals that petitioner had valid arms license for the weapon in question. The pertinent observations of Supreme Court in 'Anand Kumar Mohatta (Supra) are as under:-