Delhi High Court
Gaurav Sachdeva vs Nct Of Delhi & Anr. on 28 May, 2021
$~23
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 28.05.2021
+ W.P. (CRL) 552/2021
GAURAV SACHDEVA ..... Petitioner
Through Mr. Aamir Chaudhary, Adv.
versus
NCT OF DELHI &ANR. ..... Respondent
Through Mr. R.S. Kundu, ASC for State
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
J U D G M E N T (ORAL)
CRL. M.A. 5356/2021
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
W.P.(CRL.) 552/2021
3. The present writ petition is filed under Articles 226/227 of the
Constitution of India read with section 482 Cr.P.C. seeking quashing of FIR
No. 100/2019 registered at Police Station - I.G.I. Airport, for the offences
punishable under Section 25 Arms Act, 1959 and all proceedings emanating
therefrom.
4. Learned counsel for petitioner submits that the petitioner was not in
conscious possession of the live cartridge that was recovered from him
whilst he was travelling from Delhi to Sri Lanka vide flight No.UL196 and
had thereafter a connecting flight to Australia . He further submits that the
live cartridge of 0.32 mm calibre detected in Petitioner's tagged baggage,
was part of the baggage of his father used in the normal course of travelling
and his father has a valid arms license bearing No.
DM/FZR/DUP/FZRC/0118/11.
5. During interrogation, petitioner disclosed that his father has a valid
arms license issued by the Government of Punjab. During further course of
investigation, petitioner produced a copy of his father's Arms License
bearing number DM/FZR/DUP/FZRC/0118/11.
6. Learned ASC for State submits that the aforesaid Arms Licence
issued in the name of petitioner's father has been verified and the same is
found to be genuine.
7. It is a well settled law 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 in view of judgments Surender Kumar @
Surender Kumar Singh vs. The State (GNCT of Delhi) & Anr.: W.P.(Crl.)
2143/2019 decided on 27.09.2019; Aruna Chaudhary vs. State & Ors.:
W.P.(Crl.) 1975/2019 decided on 25.09.2019 and Paramdeep Singh Sran
v. The State (NCT of Delhi) W.P.:(Crl.) 152/2019 decided on 29.08.2019),
therefore, Section 25 Arms Act was converted into Section 30 Arms Act as
the Petitioner was holding a valid Arms License.
8. The fact remains that this Court in Chan Hong Saik Vs. State and
Anr. , 2012 (130) DRJ 504 (decided on 2.7.2012) in CRL.M.C. 3576/2011 )
quashed the FIR by holding that a single cartridge without firearm is a
minor ammunition which is protected under clause (d) of Section 45 of the
Arms Act. However, the judgment delivered by this Court dated 02.07.2012
was referred to the larger Bench and vide judgment dated 06.01.2016 in case
of Dharmendra vs. State in CRL.M.C. 4493/2015, the Court opined that
single cartridge is ammunition and comes under the Arms Act, 1959.
9. The larger Bench referred above did not agree with the opinion of this
Court but opined that since the possession of the ammunition was
unconscious and there was no arm with the accused and there was no threat
to anyone, therefore this Court has rightly quashed the FIR.
10. In the case in hand, it is not the case of the prosecution that there was
fire arm recovered from the petitioner or there was any threat to anyone at
the Airport.
11. Thus, in the present case also, the possession of the ammunition was
unconscious and there was no threat to anyone.
12. Accordingly, for the reasons afore-recorded, FIR No. 100/2019
registered at Police Station - I.G.I. Airport, for the offences punishable
under Section 25 Arms Act, 1959 and all proceedings emanating therefrom
are hereby quashed.
13. The petition is allowed and disposed of accordingly.
(SURESH KUMAR KAIT)
JUDGE
MAY 28, 2021/rk
