Conscious possession is a core ingredient to establish guilt for offenses under the Arms Act, 1959.

JUDGMENT

Chander Shekhar, J. - This judgement shall govern the disposal of the aforesaid petitions, wherein similar question of law has been raised, though the facts stated in these petitions are different; thus, the same are being noted separately in the foregoing paras.

CRL.M.C.2950/2018

2. The brief factual matrix, as per the status report, is as follows:

"An FIR No. 445/2017 dated 08.11.2017 was registered U/s 25/54/59 Arms Act at PS IGI Airport on the complaint of Sh. Balwan Sharma, Senior Associate (ILBIS), Security and Vigilance T-3 IGI Airport, New Delhi against accused Ms. Megan Theresa Shinabery, a US national residing in H.No.N-10, Club Manor, Maumelle, Arkansas - 72113, USA. It has been alleged that on 08-11-2017, the accused was travelling to Rome(Italy) from New Delhi by Alitalia Flight No. AZ-769. During screening of her baggage at level 4, International Departure T-3 IGI Airport, one live round having caliber 0.45 bore was detected. Upon enquiry, the accused submitted that she did not posses any valid license for carrying the round that was recovered from her baggage. During the investigation, the recovered cartridge was taken into police possession through seizure memo. Accused Ms. Megan Theresa Shinaberry was interrogated, she disclosed that this bullet belongs to her husband who has a valid license to carry a concealed handgun issued by the State Police, Arkansas. She further disclosed that this single cartridge was carried along with her unknowingly and inadvertently. The accused submitted a copy of the Arms license issued in the name of Anthony Tyler Shinaberry, after which the arrest of the accused Ms. Megan Theresa Shinaberry was deferred. The cartridge was sent to FSL lab Rohini wherein the expert opinion was obtained confirming that the cartridge was 0.45 bore and could be fired through 0.45 bore caliber firearm."

3. Learned Counsel for the petitioner submitted that the husband of the petitioner Mr. Anthony Tyler Shinaberry holds a valid license to carry any legal handgun issued by the State of Arkansas, USA. The husband of the petitioner owns a handgun and further submitted that often the petitioner accompanies her husband on hunting trips and had accompanied him on a duck hunting trip in November 2017. She immediately travelled to India after this trip and in the process carried the same handbag which she had taken along with her for this trip. Therefore, inadvertently she carried one bullet which was meant for the purpose of hunting belonging to her husband and the same was recovered from her at T-3 IGI Airport, New Delhi as it had been carried by her unnoticed in her luggage.

4. Learned Counsel for the petitioner further submitted that a letter was sent to the US Embassy to verify the validity of the handgun license of her husband after which a verification report by the Secretary of State of Arkansas, USA, duly notarized was received confirming the validity of the license in the name of Mr. Anthony Tyler Shinaberry.

CRL.M.C.688/2019

5. The brief facts of the case, as stated in the petition as well as in the written synopsis, are as follows:

"The petitioner is a citizen of India. On 5.4.2015 the petitioner was travelling from Delhi to Canada via Bahrain, upon screening of the baggage one live bullet was detected in the handbag of the petitioner and the same was reported by the DIAL Baggage security unit. The petitioner was not having a valid license for possessing the ammunition in her handbag and was accordingly detained and escorted to the police station along with her passport. After this an FIR was registered bearing no. 134/2015 under section 25/54/59 at police station IGI Airport and the same has now culminated into charge sheet under section 25 of the arms act."

6. The learned counsel for the petitioner submitted that the petitioner has been unnecessarily entangled into the criminal litigation without the presence of any criminal intent.

7. The Learned counsel for the petitioner further submi