MANOHAR SINGH DASAUNI Vs. STATE OF GOA

JUDGEMENT

(1.) The petitioner is charged for the offence under Sec. 3 read with Sec. 25 of the Arms Act.

(2.) The proceedings are pending before the Court of learned Judicial Magistrate First Class, 'A' Court, Vasco-da-Gama vide Criminal Case No.382/AOA/2020/A.

(3.) The prosecution case in short is that on 25/2/2019 the petitioner was to travel from Dabolim airport, Goa to Delhi by Air Asia flight. During security check two live standard ammunition of .22 calibre cartridges were found in his baggage without valid documents/licence to carry the same. FIR No.3/2019 was registered with Dabolim Airport Police Station for offence under Sec. 3 read with Sec. 25 of Arms Act. Applicant was arrested and granted bail. Statements of witnesses were recorded. The Dabolim Airport Police Station wrote letter to Station House Officer, Cyber Police Station, Dehradun, Uttarakhand dtd. 15/3/2019 and requested to provide information whether any criminal case is registered against the applicant. The Cyber Police Station, Uttarakhand forwarded reply dtd. 28/3/2019 stating that no case is registered against petitioner or his family members. Sealed packet containing two .22 calibre live ammunition, found in possession of accused were sent to the Director, Goa State Forensic Laboratory, Ballistic Division, Goa for examination. Examination was sought, whether the article is ammunition or not and if yes, whether it comes under the purview of Arms Act or otherwise. Whether the article is live ammunition or not and the calibre of the ammunition. The type of weapon with which the questioned article can be fired. The Report dtd. 30/5/2019 was forwarded by Forensic Science Laboratory opining that, the exhibits are standard ammunition of .22 calibre and it comes under purview of Indian Arms Act. The ammunition .22 cartridges were loaded and successfully test fired through .22 calibre regular rile. The ammunition can be fired through standard .22 calibre rifle. During investigation statement of Deepak Agarwal was recorded. Sanction under Sec. 39 of Arms Act was granted. Chargesheet was filed. Documents were collected. On completing investigation, chargesheet was filed.