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DELHI HIGH COURT
RAJNISH BHATNAGAR
Ritesh Taneja – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. recovery of ammunition and validity of the arms license. (Para 2 , 4 , 5) |
| 2. definition and necessity of conscious possession. (Para 6 , 7 , 8 , 9 , 10) |
| 3. quashing of fir due to lack of evidence. (Para 11) |
JUDGMENT
Rajnish Bhatnagar, J. The present petition has been filed by the petitioner under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure seeking following prayers:
(i) Quash the FIR No. 044/2019 dated 06.02.2019 P.S. IGI Airport, Delhi, u/s 30 Arms Act 1959 qua the Petitioner/accused person named in the FIR along with all the proceedings emanating there from
(ii) Pass such other and further orders, as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
2. The brief facts of the case are that on 06.02.2019, the petitioner was departing from New Delhi to Raipur, via GoIndigo flight No. 6E-2757, seat No. 7F. It is alleged that during screening of the petitioner's hand baggage 15 live cartridges were recovered. On questioning, the petitioner could not produce any arms licence but he stated that those catridges were related to him and he possesses the licence but the same was not c
Conscious possession of firearms is a necessary requirement for establishing guilt under the Arms Act; mere custody without knowledge does not constitute an offence.
The concept of 'conscious possession' under the Arms Act, 1959 requires the requisite mental element of awareness, and mere custody without awareness of the nature of possession does not constitute a....
The concept of 'conscious possession' as a necessary element of the statutory offence under the Arms Act and the requirement of possession backed with the requisite mental element.
Conscious possession under the Arms Act requires awareness and intent; mere physical possession does not constitute an offense if the possessor lacks knowledge of the contraband's presence.
The main legal point established in the judgment is that 'possession' under the Arms Act must have the element of consciousness or knowledge, and even if the factum of physical possession is made out....
The central legal point established in the judgment is the requirement of 'conscious possession' under the Arms Act, emphasizing the need for intention, consciousness, or knowledge of possession.
Possession of ammunition under the Arms Act requires consciousness or knowledge; inadvertent packing does not constitute an offense.
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 under the Arms Act requires both physical presence and conscious knowledge; mere physical possession without awareness does not constitute an offence.
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