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2022 Supreme(Del) 181

SUBRAMONIUM PRASAD
Gurjit Singh Sandhu – Appellant
Versus
State Of NCT Of Delhi – Respondent


Advocates Appeared:
Mr. Shreeyash U. Lalit, Advocate, for the Appellant, Mr. Sanjay Lao, Standing Counsel for the State With Mr. Karan Jeet Rai Sharma, Advocate, for the Respondent.

ORDER

1. The instant writ petition filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 seeks quashing of FIR No. 46/2021 dated 10.02.2021, registered at Police Station I.G.I. Airport, New Delhi, for an offence under Section 25 of the Arms Act, 1959.

2. The facts in brief, leading to the present case are as follows:-

    i. The petitioner, is a Canadian citizen, who also holds an Overseas Citizen of India card. He arrived in Delhi from Canada on 09.02.2021 and was supposed to catch a connecting flight from New Delhi to Amritsaron 10.02.2021.

    ii. It is stated that during the check-in at the IGI Airport, New Delhi, the baggage of the petitioner was found with 50 live cartridges of .22 mm caliber. Thereafter, the petitioner was asked to produce a valid licence for the said ammunition, and he was unable to produce the same.

    iii. On the said complaint, the instant FIR No.46/2021 dated 10.02.2021, at Police Station I.G.I. Airport, New Delhi, for an offence under Section 25 of the Arms Act, 1959 was registered against the petitioner.

    3. It is stated that the petitioner holds a valid arms licence in Canada. However, the petitioner has no

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