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2021 Supreme(Del) 849

MANOJ KUMAR OHRI
Abid Qureshi – Appellant
Versus
State (Govt. Of NCT. Of Delhi) – Respondent


Advocates appeared:
Nitin Jain, Advocate, Meenakshi Dahiya, Advocate, Vishal Chauhan, Advocate, K.P. Singh, Advocate, Rajesh Kumar, Advocate

JUDGMENT

Manoj Kumar Ohri, J. - The present petition has been filed under Section 482 Cr.P.C. on behalf of the petitioner seeking quashing of FIR No. 04/2016 registered under Sections 25/54/59 of the Arms Act at Police Station IGI Airport, Delhi.

2. As per the allegations levelled in the FIR, the present incident occurred on 03.01.2016 when the petitioner was in the process of departure from Delhi to Dubai via Flight No. 9W546 of Jet Airways from the Indira Gandhi International Airport, New Delhi. It is alleged that during the luggage checking, two live cartridges were found in a jacket which was kept in the applicant"s luggage bag.

3. Mr. Nitin Jain, learned counsel for the petitioner, has contended that the petitioner is not the owner of the aforesaid jacket and had borrowed it from his friend namely Rav Gayyur @ Gayub i.e., respondent No. 2, as he was going aboard. It is submitted that the applicant had kept the jacket in his luggage bag without checking it. It is further submitted that at the time of handing over the jacket to the petitioner, even respondent No. 2 was not aware about the same containing live cartridges. Along with the petition, an affidavit of respondent No. 2 ha

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