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DELHI HIGH COURT
POONAM A.BAMBA
Yaka Dodum – Appellant
Versus
State (NCT of Delhi) – Respondent
| Table of Content |
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| 1. petitioner's possession of ammunition details (Para 1) |
JUDGMENT
Poonam A. Bamba, J. :
1.0. This is a petition under Articles 226 & 227 of the Constitution of India & u/S 482 of Code of Criminal Procedure Code seeking quashing of FIR No. 0261/2021 dated 15.09.2021 u/Ss 25/54/59 Arms Act, P.S. I.G.I. Airport, Delhi.
2.0. It is submitted that on 15.09.2021, the petitioner was found in possession of two live pieces of ammunition i.e., Mark 6.35 BRS & B: Reg at Terminal T-3 of IGI Airport, as she was about to board a flight from Delhi to Amritsar, on which the impugned FIR was registered against the petitioner.
2.1. It is submitted that the petitioner along with her family is living in hilly and forest area of Arunachal Pradesh, which is frequently thronged by wild animals. For their protection, the petitioner and her husband Shri Karling Dodum had taken Arm Licence being A/L. No.III/ADC/CTJ/ 31/2013 and III/ADC/CTJ//10/2013, respectively from the office of the "Deputy Commissioner, East Kemeng, District Seepa (Arunachal Pradesh) which were got renewed by them as per law, from time to time. The petitioner always carried loaded pistol in her handbag alongwith few spa
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 ....
Conscious possession of ammunition is necessary for liability under the Arms Act; inadvertent handling does not exempt one from prosecution.
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.
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.
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