LEENA ASHAY NANDESHWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present petition, the Petitioner has prayed for the following relief:-

(2.) The above writ petition is filed for quashing of proceedings arising out of Special L.A.C. No.8 of 2016 registered with Sahar Police Station, Mumbai dtd. 4/12/2016 under Sec. 3 and 25 of the Indian Arms Act, 1959 (for short "the said Act") against the Petitioner. Petitioner is M.D. in Ayurvedic and permanent resident of Sangli. She planned a tour in December vacation to Kochi along with her husband and children; flight tickets from Mumbai to Kochi were booked for 3/12/2016 at 15.20 hrs.; during the security check at the Airport one live cartridge was detected and recovered from the hand baggage of the Petitioner by ASI Daya Ram Meena while screening. Petitioner was directed to open her bag and after opening the bag officers found one "K.F." and "32S&WL" live cartridge. Petitioner informed the security that she had no knowledge as to how the alleged live cartridge was found in her bag and at that stated that the same could pertain to the toy gun of her daughter who might have put it in the bag while playing. Petitioner informed that she had no knowledge or nexus with the alleged cartridge found in her bag. Petitioner further informed that she had no arms licence for holding any weapon. It is pertinent to note that apart from the live cartridge no fire arm or weapon was recovered from the bag belonging to the Petitioner.

(3.) On the next day i.e. 4/12/2016, First Information Report ("FIR") was registered against the Petitioner under Sec. 3 and 25 of the said Act. On 5/12/2016, Petitioner visited the police station and furnished further information, inter alia, stating that she was a resident of Sangli and adjacent to her residence was a police centre and firing range and the alleged bullet may have been found and picked up by her minor daughter and carried it to her house and kept in her hand bag. This was the only theory put forward by the Petitioner in her defence.