{"id":248388,"date":"2021-05-18T22:59:28","date_gmt":"2021-05-18T17:29:28","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=248388"},"modified":"2021-05-28T15:47:35","modified_gmt":"2021-05-28T10:17:35","slug":"arms-act","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2021\/05\/18\/arms-act\/","title":{"rendered":"Del HC | If a firearm is recovered from possession of a person at the airport which he\/she is unaware of can the person be punishable under S. 25 of Arms Act? HC answers"},"content":{"rendered":"

Delhi High Court: <\/strong>Suresh Kumar Kait, J., addresses a matter revolving around the possession of ammunition by a person which he\/she is unconscious of.<\/strong><\/p>\n

Instant matter was filed with regard to the quashing of an FIR registered at the police station \u2013 I.G.I Airport for the offences punishable under Section 25 of Arms Act, 1959.<\/p>\n

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.<\/p>\n

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.<\/p>\n

\n

\u201cIt 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.\u201d<\/em><\/span><\/p>\n<\/blockquote>\n

The above-settled position was drawn in view of the following decisions:<\/p>\n