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S. S. SHINDE, MILIND N. JADHAV
Leena Ashay Nandeshwar – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT
MILIND N.JADHAV, J. - By the present petition, the Petitioner has prayed for the following relief:-
"a) That, this Hon'ble Court exercising powers under Article 226 of the Constitution of India, 1950 and inherent powers u/s. 482 of Code Criminal Procedure, 1973 be pleased to quash and set aside the proceedings in C.C. No.2892/pw/18 pending on the file of ld. metropolitan magistrate 66 th court Andheri, Mumbai, arising out of SPL. LAC No.8/2016 registered with Sahar Police Station, Mumbai."
2. The above writ petition is filed for quashing of proceedings arising out of Special L.A.C. No.8 of 2016 registered with Sahar Police Station, Mumbai dtd. 4/12/2016 under Sec. 3 and 25 of the Indian Arms Act, 1959 (for short "the said Act") against the Petitioner. Petitioner is M.D. in Ayurvedic and permanent resident of Sangli. She planned a tour in December vacation to Kochi along with her husband and children; flight tickets from Mumbai to Kochi were booked for 3/12/2016 at 15.20 hrs.; during the security check at the Airport one live cartridge was detected and recovered from the hand baggage of the Petitioner by ASI Daya Ram Meena while screening. Petitioner was directed to open her
The judgment established that possession under the Indian Arms Act must be conscious possession with the requisite mental element, and the absence of recovery of any weapon or firearm supported the p....
Possession of ammunition under the Arms Act requires consciousness or knowledge; inadvertent packing does not constitute an offense.
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 ....
Where admitted allegations in final report do not make out an offence, continuance of prosecution against accused amounts to abuse of process of court and inherent jurisdiction can be exercised to qu....
The central legal point established in the judgment is that the possession of firearms or ammunition under the Arms Act must be conscious possession with the knowledge and requisite mental element, a....
Conscious possession under the Arms Act requires awareness and intent; mere physical possession does not constitute an offense if the possessor lacks knowledge of the contraband's presence.
The central legal point established in the judgment is the requirement of 'conscious possession' under the Arms Act, emphasizing the need for intention, consciousness, or knowledge of possession.
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