The Delhi High court ordered the quashing of the First information report that was registered under the Arms act considering that the suspect was not conscious that he is in possession of live ammunition.
This FIR was filed by the Delhi Police against Adhiraj Singh Yadav for his possession of live ammunition in his hand baggage while boarding a flight from Delhi to Ahmedabad in 2019.
Why was the FIR quashed?
The additional standing Counsel gave a status report and submitted that there was no material to deny the explanation of the petitioner therefore giving a clean chit to the petitioner. Based on this the Delhi High Court decided to quash the FIR.
The Bench of Vibhu Bakhru stated that, “Court considers it apposite to allow the petition as this court is of the view that the same would meet the ends of justice. Accordingly, FIR No. 01355/2019 under Section 25 of the Arms Act, 1959 registered with Indira Gandhi International (IGI) Airport police station and all proceedings emanating therefrom are quashed.”
The plea stated that the FIR was registered on April 6th, 2019 after 20 live Cartridges were found in the hand baggage of the petitioner Adhiraj Singh Yadav, while he was boarding the Vistara Airlines flight to travel from Delhi to Ahmedabad.
What was the petition?
The petition said that Yadav had appeared for the Air Force Common Admission Test and he was an engineering student. He was scheduled to travel to Ahmedabad to give his interview. He observed that he did not have suitable luggage to travel to Ahmedabad. Thus, the petitioner decided to borrow the luggage of the wife of his landlord Colonel Prashant Gupta. It was submitted that his family and that of Prashant Gupta were very close and were in cordial relation.
The landlord was not aware of this action of the petitioner thus he did not remove the live ammunition before handing it over to him. It was observed that Colonel Prashant Gupta was the owner of the said live ammunition and held a valid arms license for the same.
The passing of the order
The court noted that the status report had been verified. The seized ammunition was also sent to the Forensic Science laboratory for ballistic examination in the due course of the investigation. This also helped confirm the facts.
It court stated that an offence under Section 25 of the Arms Act would not be made in cases where the suspect was not conscious that he is in possession of the live ammunition.
Libertatem.in is now on Telegram. Follow us for regular legal updates and judgement from the court. Follow us on Google News, Instagram, LinkedIn, Facebook & Twitter. You can also contribute blog, articles, story tip, judgment and many more and help us spread awareness for a better society. Submit Your Post Now.