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2024 Supreme(Online)(DEL) 18912

HIGH COURT OF DELHI
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA, J
DANIEL KIRTHI ESTHER – Appellant
Versus
STATE OF NCT OF DELHI – Respondent


Advocates:
NITISH OJHA

ORDER

% 01.05.2024 CRL.M.C. 3432/2024 & CRL.M.A. 13179/2024 Petition under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) has been preferred on behalf of the petitioner for quashing of chargesheet filed in FIR No.0287/2024, under Sections 25/54/59 of the Arms Act, 1959 registered at P.S.: IGI Airport and the proceedings emanating therefrom.

Issue notice. Learned APP for the State appears on advance notice and accepts notice.

Status report/reply be filed before the next date of hearing with an advance copy to learned counsel for the petitioner.

Learned counsel for the petitioner submits that as per the case of prosecution, a single live cartridge was detected inside the petitioner’s check-in luggage, while he was traveling from Delhi to Bangalore via Air India Flight bearing no. AI-514 on 18.04.2022. It is urged that the petitioner was unaware of any such cartridge/ammunition being placed in the check-in luggage.

Reliance is placed upon Anurag Walia vs. State (NCT of Delhi) & Anr., 2019 SCC Online Del 10600, Michael Joseph Hayden vs. State (GNCT) of Delhi, 2018 SCC OnLine Delhi 8490, Gunwantlal vs. State of Madhya Pradesh, (1972) 2 SCC 194, Gaurav Sachdeva vs. NCT of Del

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