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2016 Supreme(Del) 40

IN THE HIGH COURT OF DELHI
SURESH KAIT, J.
Sonam Chaudhary - Petitioner
Versus
The State (Govt. of NCT Delhi) - Respondent
Crl. M.C. 471/2015, Crl. M.C. 3172/2015 & Crl. M.A. No.11317/2015, Crl. M.C. 4221/2015 & Crl. M.A. 15091/2015, Crl. M.C. 4493/2015, Crl. M.C. 4786/2015
Decided on : 6-1-2016

Advocates:
Advocate Appeared:
Mr. Sushil Kumar Jain, Mr. Bhupendra Pratap Singh, Mr. K.V. Sreemithun
Mr. Mukesh Kumar, Mr. Hirein Sharma, SI Tribhuvan Singh, PS IGI Airport

Headnote:

Criminal Procedure Code, 1973 - Section 482 - Arms Act, 1959 - Section 25 - live cartridges - Recovery - No knowledge - Conscious possession, denied - Petitioners had left behind the live cartridges in their luggage by mistake or inadvertent oversight - During the journeys, petitioners were not aware of the presence of the live cartridges in their handbags - No firearm or weapon has been recovered - No offence under Section 25 of the Act is made out - Live cartridges were detected by the security personnel during screening of the baggages - Held, it can be safely inferred that the said possession does not fall within the ambit of 'conscious possession' - Summoning order, charge-sheet, FIR were quashed.

JUDGMENT :

Suresh Kait, J.

1. The present petitions have been filed under Section 482 of the Code of Criminal Procedure, 1973, (hereinafter to be referred as ‘Cr.P.C.’) seeking quashing of the FIRs bearing Nos. 31/2012 (Crl. M.C. No.471/2015), 251/2013 (Crl. M.C. No.3172 /2015), 39/2014 (Crl. M.C. No.4221/2015), 99/2014 (Crl. M.C. No.4493/2015) and 464/2015 (Crl. M.C. No.4786/2015).

2. Before proceeding further, it would be relevant to narrate the facts of each petition in brief.

Crl.M.C. No. 471/2015:-

3. The case of the prosecution is that on 15.08.2012, a complaint was received at P.S. Yamuna Bank, New Delhi, from Constable Ganesh Mandal, CISF No.0946400083 that while performing duty at Anand Vihar Metro Station at X-Ray Machine from 2.00 PM to 10.00 PM, during the scanning of petitioner's hand bag, one live cartridge of 8mm/315 calibre was detected. On physically checking the handbag, one live cartridge was found inside the handbag and on questioning, since the petitioner could not give any satisfactory reply and failed to produce any license for the said cartridge, therefore, on the said complaint, case vide FIR No.31/2012 under Section 25 of the Arms Act, 1959 (hereinafter to be referred as ‘the Act’) was registered at Police Station Yamuna Bank, New Delhi, against the petitioner.

4. During the course of investigation, the above said live cartridge was taken into police possession through seizure memo and sent to FSL Rohini for examination. Vide FSL report dated 26.11.2012, recovered cartridge opined of 8mm/315 calibre. The petitioner was arrested in this case as she could not provide any valid licence/document regarding the possession of the live cartridge. She was produced before the learned Metropolitan Magistrate, Karkardooma Courts, Delhi, and released on bail vide order dated 17.08.2012.

5. The petitioner’s case is that she had no knowledge about the presence of any bullet/live cartridge in her bag and when she was informed by the DMRC Officials about the same, the petitioner was shocked and surprised. Moreover, it was the same bag carried by her during her journey from her native place at Village Panni, Police Station Kotwali, District Muzaffar Nagar, UP to Delhi and accordingly, reached Anand Vihar Metro Station.

Crl.M.C. No.3172/2015:-

6. The case of the prosecution is that on 20.08.2013, a complaint was received at P.S. IGI Airport, New Delhi, from ASI/EXE P.K. Martha, who while performing duty at X-BIS No.04 [Intl SHA (Security Hold Area)] detected three live ammunition of 0.325 calibre in a hand baggage belonging to the petitioner, who was travelling by Thai Airways Flight No.TG-316 to Bangkok. On physically checking the hand baggage by ASI Basant Kumar, three live cartridges were found inside the handbag and on questioning, since the petitioner could not give any satisfactory reply and failed to produce any license for the said cartridges, therefore, on the said complaint, case vide FIR No.251/2013 under Section 25 of the Arms Act was registered at Police Station IGI Airport, New Delhi, against the petitioner.

7. The petitioner’s case is that he had no knowledge about the presence of any bullets/live cartridges in his bag. Even otherwise the cartridges were found between two layers of the bag reflecting forced entry therein. The petitioner is a senior software engineer in a reputed company and was on an official foreign trip. Thus, he would not dare to spoil his career by carrying bullets in a high security zone area where detection is certain. Moreover, the petitioner has never been involved in any case and has no case history.

Crl.M.C. No.4221/2015:-

8. The case of the prosecution is that on 28.05.2014, a complaint was received at P.S. IGI Airport, New Delhi, from SI/EX Vinay Kumar, CISF No.003250217, that while performing duty on X-BIS G during screening of hand bag of the petitioner, who was travelling to Kolkatta by SG-104, one round live cartridge of 7.65mm calibre was detected. On questioning, though the petition














































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