DELHI HIGH COURT
MANOJ KUMAR OHRI
Shupinder Kaur Sidhu – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent
| Table of Content |
|---|
| 1. factual background regarding the fir. (Para 1 , 2 , 6) |
| 2. arguments related to arms license. (Para 3 , 4) |
| 3. analysis of possession in legal context. (Para 7 , 8 , 9 , 11) |
| 4. determination of conscious possession. (Para 10 , 12) |
| 5. conclusion of quashing fir. (Para 13 , 14) |
JUDGMENT :
Manoj Kumar Ohri, J. (Oral)--By way of the present petition filed under Section 482 Cr.P.C., the petitioner has sought quashing of FIR No.13/2016 registered under Sections 25/54/59 of the Arms Act at Police Station Indira Gandhi International (I.G.I.) Airport, New Delhi and the consequent proceedings emanating therefrom.
2. Learned counsel for the petitioner has submitted that as per the prosecution case, the incident in question took place on 07.01.2016 at the I.G.I. Airport, New Delhi, when a security personnel detected 05 live cartridges from the check in baggage of the petitioner, who was in the process of departure from New Delhi to Sydney, Australia via Flight No. CZ3028 (DEL-CAN-SYD) of China Southern Airlines from the said Airport. He contended that in fact, the suitcase/check in baggage was borrowed by the petitioner from her husband Sh. Avtar Singh for the purpose of travel
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