R.K.GAUBA
ABIGAIL LOUISA CLARK – Appellant
Versus
STATE NCT OF DELHI – Respondent
1. Both these cases have given rise to identical questions for consideration, the prayer made invoking Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) being similar, in almost identical set of facts and circumstances. They have been heard together and are being decided through this common order.
2. The petitioner in the first above mentioned case is a citizen of United Kingdom (UK) who had travelled to India on British passport on valid visa and was returning to London via Abu-Dhabi by Etihad airways flight No.EY-229 on 18.04.2017. She had checked in baggage which was discovered upon x-ray scrutiny in to contain a live cartridge of 5.6 cm with diameter of 0.9 cm. On the report of Airport Operation Manager of the airlines, First Information Report (FIR) No.130/2017 under the Section 25 of the Arms Act, 1959 was registered in Police Station IGI Airport, New Delhi.
3. The petitioner in the second captioned matter is a Kenyan national who had travelled to India on valid passport issued by the authorities of Republic of Kenya on valid visa and was returning from India on 10.03.2017 by flight No.EK-517 and upon screeni
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