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DELHI HIGH COURT
SURESH KUMAR KAIT
Narendra Kumar Gupta – Appellant
Versus
State of NCT of Delhi – Respondent
| Table of Content |
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| 1. filing of petition to quash fir due to lack of conscious possession. (Para 1 , 2 , 3) |
| 2. unconscious possession of ammunition doesn't constitute a crime under section 25 arms act. (Para 4 , 5 , 6 , 7) |
| 3. fir quashed based on findings of unconscious possession. (Para 8 , 9) |
CRL. M.A. 5356/2021
Allowed, subject to all just exceptions.
Application is disposed of.
W.P.(CRL.) 744/2021
1. The present petition is filed under Articles 226/227 of the Constitution of India read with section 482 Cr.P.C. seeking quashing of FIR No. 265/2019 dated 17.06.2019 registered at Police Station-I.G.I. Airport, for the offences punishable under Section 25 Arms Act, 1959 and all proceedings emanating therefrom.
2. The petitioner submits that on 17.06.2019 at about 1045 hours, when petitioner was waiting for his flight from Delhi to Lucknow by Vistara Airlines, flight no.UK-641, his baggage was put for screening wherein one live cartridge of .32bore with S&WL (KF) live ammunition was detected. However, he was not in conscious possession of the live bullet detected, since the petitioner could not produce any valid license for the ammunition, the present FIR was registere
Unconscious possession of ammunition while holding a valid arms license does not constitute an offense under the Arms Act, 1959, thus allowing for quashing FIR.
Possession of ammunition - FIR quashed - Petitioner disclosed that he had a valid arms license issued by State - Possession of ammunition was unconscious and there was no threat to anyone.
A person is not liable under Section 25 of the Arms Act if not consciously in possession of ammunition, without any firearm or threat present.
Conscious possession is required for prosecution under the Arms Act; mere recovery of a cartridge without knowledge does not establish a violation.
Possession of ammunition under Section 25 of the Arms Act requires conscious possession, and a single live cartridge without a firearm may not constitute an offense if the possession is not conscious....
The absence of mala fides or mal-intention and the lack of evidence supporting conscious possession can lead to the quashing of FIR and proceedings under Section 482 Cr.P.C.
Possession of ammunition under the Arms Act requires consciousness or knowledge; inadvertent packing does not constitute an offense.
The central legal point established in the judgment is the requirement of conscious possession and the need for the accused to establish lack of awareness or inadvertent possession to avoid trial in ....
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