Possession of ammunition under the Arms Act requires consciousness or knowledge; inadvertent packing does not constitute an offense.

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 spare live cartridges to meet any threat/ eventuality.

2.2. It is submitted that on 15.09.2021, the petitioner was scheduled to travel early morning to Amritsar for which, she had to first take an early morning 'Indigo' flight from Mohanbari, Dibrugarh Airport, Assam for I.G.I Airport, New Delhi; and thereafter to further take a "Vistara" flight from Delhi to Amritsar, Punjab. To reach Dibrugarh Airport from her place, the petitioner had to travel a distance of about 175 Kilometres and was therefore, required to start very early in the morning. The petitioner could not pack her bags the previous night i.e. on 14.09.2021 and the same was packed hurriedly in the morning on 15.09.2021. The time being short, mistakenly two live cartridges/ammunitions were left in her bag although, she had removed the pistol prior to undertaking the journey.

2.3. It is also submitted that the petitioner's handbag was cleared at Mohanbari Airport, Dibrugarh Assam while boarding "Indigo" flight to New Delhi. However, during security check for the further flight from Delhi to Amritsar, the live cartridges were detected at T-3, IGI Airport, Delhi.

2.4. It is submitted that the cartridges recovered from the possession of the petitioner belonged to the pistol/weapon of her husband duly purchased by him on his valid Arm's Licence and which was being used by her; and that the live cartridges thereof, were inadvertently left in her hand bag. The said possession of the live cartridges in her bag, was not in the knowledge of the petitioner. Therefore, the petitioner, who was not in conscious possession of the live cartridges, could not be charged with the offence in the aforesaid FIR. Reliance in support is placed upon a judgment of Hon'ble Apex Court in Gunwantlal Vs. The State of Madhya Pradesh, (1972) 2 SCC 194 and judgments of Delhi High Court in Ranvir Arora Vs. State of NCT of Delhi Crl. M.C 729/2017 dated 02.05.2017 and Tarun Raghav Vs. State, Govt. Of NCT of Delhi, 2021 SCC OnLine Del 277 dated 02.02.2021.

3.0. The State vide its reply dated 14.03.2022 has mentioned that a copy of Arm's Licence No.A/L No.III/ADC/CTJ/31/13 dated 20.08.2013 produced by the petitioner was sent for verification to the Deputy Commissioner, East Kameng Distt, Seppa, Arunachal Pradesh. District Magistrate vide its reply dated 28.12.2021, has confirmed that the said Arm Licence No.A/L No.II/ADC/CTJ/31/13 dated 20.08.2013 has been issued to the petitioner herein by ADC Chayangtajo. It is further mentioned that said licence has been renewed upto 31.12.2023.

3.1. Reply also mentions that sale of the said cartridges was also got verified from M/s Mangha Arma Corporation who confirmed that the said cartridges were sold to the petitioner on her licence no.III/ADC/CTJ/31/13

4.0. I have duly considered t