DELHI HIGH COURT
BRIJESH SETHI
Vaninath Uppalapati – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. writ petition filed to quash fir under arms act (Para 1 , 2 , 3) |
| 2. arguments regarding lack of conscious possession (Para 4 , 5 , 6) |
| 3. court's analysis on the concept of possession (Para 8 , 9 , 10 , 11) |
| 4. conclusion to quash fir due to lack of offence (Para 12 , 13) |
JUDGMENT
Brijesh Sethi, J. This is a writ petition under Article 226 of the Constitution of India r/w Section 482 Cr.P.C. filed by the petitioner for quashing of FIR No.0233/2017, u/s 25/54/59 Arms Act, registered with PS IGI Airport, Delhi.
2. While praying for quashing of FIR and the criminal proceedings emanating there from, the petitioner has pleaded that on 20.03.2017 at about 03:29 hours, the complainant ASI/Exe Md. S.Ansari of S-3 Coy, was performing his "C" shift duty from 21:00 hrs to 05:00 hrs at X-BIS-08/DOM SHA. One passenger namely Mr. Uppalapati Vani (Nationality-USA) who intended to travel by Air India, Flight No. A1-560 from Delhi to Hyderabad, seat No. 31A, reported at X-BIS Machine No.08 in DOM/SHA, T-3 (IGI Airport), New Delhi for per-embarkation security check. After scanning, his hand bag was searched and opened by the complainant in presence of the said passenger and one live a
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