Delhi High Court: Suresh Kumar Kait, J., addresses a matter revolving around the possession of ammunition by a person which he/she is unconscious of.
Instant matter was filed with regard to the quashing of an FIR registered at the police station – I.G.I Airport for the offences punishable under Section 25 of Arms Act, 1959.
Petitioner submitted that while waiting for his flight from Delhi to Lucknow, his baggage was put for screening wherein one live cartridge of .32bore with S&WL (KF) live ammunition was detected. It was added that he was not in conscious possession of the live bullet detected, since the petitioner could not produce any valid license for the ammunition, FIR was registered.
Though, during the investigation petitioner produced a valid arms license issued by the State of Uttar Pradesh and the same was found to be genuine, therefore the FIR deserved to be quashed.
“It is well settled that where a person is not conscious of the ammunition in his possession, an offence of under Section 25 of the Arms Act, 1959 would not be made out.”
The above-settled position was drawn in view of the following decisions:
- Surender Kumar v. State (GNCT of Delhi), WP (Crl.) 2143 of 2019, decided on 27-09-2019
- Aruna Chaudhary v. State, WP (Crl.) 1975 of 2019, decided on 25-09-2019
- Paramdeep Singh Sran v. State (NCT of Delhi), WP (Crl.) 152 of 2019, decided on 29-08-2019.
In view of the above decisions, Section 25 of the Arms Act was converted into Section 30 of the Arms Act in light of the petitioner holding a valid Arms License.
In the present matter, the prosecution’s case was not that there was a firearm recovered from the petitioner or there was any threat to anyone at the airport, hence the possession of the ammunition was unconscious and there was no threat to anyone.
Therefore, FIR registered at Police Station – IGI Airport were quashed. [Narendra Kumar Gupta v. State of NCT of Delhi, 2021 SCC OnLine Del 2335, decided on 18-05-2021]
Advocates before the Court:
For the Petitioner: Ajay P. Tushir, Adv. with Varun Malik, Adv.
For the Respondent: Kamna Vohra, ASC for the State