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DELHI HIGH COURT
S.MURALIDHAR
Jagir Singh – Appellant
Versus
State – Respondent


ORDER

Dr. S. Muralidhar, J. (open court)

1. This petition under Section 482 of the Code of Criminal Procedure, 1973 ('CrPC') is directed against an order dated 14th February, 1995 passed by the learned Additional Sessions Judge, Delhi ('ASJ') whereby the revision petition filed by the Respondent State was allowed and an order dated 9th February, 1989 passed by the learned Additional Chief Metropolitan Magistrate, Delhi ('ACMM') discharging the Petitioner Brigadier Jagir Singh in FIR No. 93 of 1984 under Section 26 of the Arms Act was set aside.

Background Facts

2. On 20th July, 1984 the Petitioner arrived at Delhi airport by an Air India flight from Bombay. He had earlier arrived in Bombay by a Lufthansa flight from Frankfurt. In his own words, in para 9 of this petition he states that when he picked up the baggages at the Delhi airport he put them into "red channel." He proceeds to state that he was intercepted by the custom officials to whom he made the declaration, but "on opening a hand bag one stereo cassette recorder was recovered and it was found to contain three revolvers and some cartridges." The version of the prosecution is not very different. According to the prosec

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