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DELHI HIGH COURT
MANOJ KUMAR OHRI
Abid Qureshi – Appellant
Versus
State (Govt. of N.C.T. of Delhi) – Respondent
| Table of Content |
|---|
| 1. incident details of fir against petitioner (Para 1 , 2) |
| 2. petitioner's defense on jacket ownership (Para 3 , 5) |
| 3. analysis of possession under arms act (Para 6 , 7 , 8 , 9 , 10 , 11) |
| 4. conclusion on lack of conscious possession (Para 12) |
| 5. order to quash fir and proceedings (Para 13) |
JUDGMENT
[VIA VIDEO CONFERENCING]
Manoj Kumar Ohri, J. (ORAL)--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 h
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