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PAMIDIGHANTAM SRI NARASIMHA, SANDEEP MEHTA
Irfan Khan – Appellant
Versus
State (NCT of Delhi) – Respondent
JUDGMENT
Mehta, J.
1. Leave granted.
2. The appellant seeks quashment of the proceedings of the criminal case arising from FIR No. 477 of 2022 dated 9th July, 2022 lodged against him at Police Station, Govind Puri for the offences punishable under Sections 25, 54 and 59 of the Arms Act, 1959 [Hereinafter, being referred to as ‘Arms Act’]. It was inter alia alleged in the FIR that the appellant was found in the Pravasi Park acting suspiciously. Upon being searched, a buttondar knife having dimensions, 31.5 cms in length (blade length of 14.5 cms and handle of 17 cms) and width of 3 cms, was recovered from his possession.
3. After investigation, a charge-sheet came to be filed against the appellant in connection with the aforesaid FIR for the offences punishable under Sections 25, 54 and 59 of the Arms Act. The appellant approached the High Court of Delhi by filing a petition [Criminal MC No. 1736 of 2023] under Section 482 of the Code of Criminal Procedure, 1973 [Hereinafter, being referred to as ‘CrPC’] for quashing of the FIR, the consequential charge-sheet, and all the proceedings sought to be taken thereunder. The said petition stands rejected vide order dated 18th April, 2023 which
Criminal proceeding cannot be allowed to continue where Totality of evidence collected by Investigation Officer is not sufficient to draw even a remote inference of offence alleged.
A prosecution under Section 27 of the Arms Act is not maintainable if the area from where the weapon is recovered is not a notified area under Section 4 of the Act.
Criminal Trial - Issuance of notification - Without placing on record a copy of notification issued under Section 4 of Arms Act prohibiting carrying of a weapon of a particular description in a parti....
Mere possession of non-prohibited arms does not constitute offenses under relevant sections of the Arms Act.
Point of Law : Section 2(c) of the Arms Act, 1959 "arms" means articles of any description designed or adapted as weapons for offence or defence, and includes firearms, sharpedged and other deadly we....
The central legal point established in the judgment is the requirement of conscious possession and the need for the accused to establish lack of awareness or inadvertent possession to avoid trial in ....
Serious offences under the Arms Act cannot be quashed based on compromise due to their societal impact, as established by judicial precedents.
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