##PAGE1##

$~11

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 847/2024

JATINDER SINGH BHANGU .....Petitioner

Through: Mr. Aamir Chaudhary, Advocate

versus

STATE OF NCT OF DELHI THROUGH SHO, PS IGI AIRPORT

.....Respondents

Through: Mr. Rahul Tyagi, ASC (CRL) with

Mr. Sangeet Sibou, Advocate for the

State

CORAM:

HON'BLE MS. NEENA BANSAL KRISHNA

O R D E R

% 22.12.2025

1. The present Petition under Article 226 of the Constitution of India

read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter

referred to as "C.r.P.C.") has been filed on behalf of the Petitioner seeking to

quash the FIR No. 85/2022 registered under Section 30 of the Arms Act,

1959 (hereinafter referred to the "Act, 1959") Police Station IGI Airport,

Delhi and its consequential proceedings.

2. The Petitioner is a 39 year old businessman, a citizen and resident of

Australia and was going back after visiting his family in Punjab when this

incident happened.

3. On 06.03.2025, the Petitioner was travelling from New Delhi to

Melbourne by Air India Flight No. AI-308. During the scanning of the

baggage, 01 live cartridge was recovered from the Petitioner’s bag.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 20/01/2026 at 01:22:09

4. In pursuant to this, the present FIR No. 85/2022 dated 06.03.2022

under Section 30 of the Arms Act, 1959 at P.S. IGI Airport, Delhi was

registered. During the course of investigation, the Petitioner informed to the

IO that the Petitioner was unaware about the presence of 01 live cartridge in

his baggage and he is the license holder of the Arms License bearing no.

3593/DM/P/PS SDR PTA/MAY-2006 ID-5274l which is valid for the state

of Punjab and the said detected cartridge is issued on his valid Arms

License.

5. The Petitioner submits that without knowing the fact that the single

bullet is still inside the baggage and in a hurry to catch the flight without

making proper sweeping of the baggage stuffed his personal belongings as

he was unaware about the presence of the said cartridge in the baggage.

6. The Petitioner has been facing unnecessary problems due to pendency

of the FIR and has sought quashing of the said FIR no. 85/2022 on the

ground that there was no mens rea on his part to commit any offence as

alleged. The Petitioner did not attempt to conceal the live cartridge and had

voluntarily handed over his baggage for X-ray screening, where such items

are easily detectable. It is thus evident from the record that the presence of

the cartridge was without the Petitioner’s knowledge, and he lacked the

requisite intent to commit the alleged offence.

7. Further, the presence of one live cartridge in the bag was not within

the knowledge of the Petitioner. Reliance has been placed on the decision of

the Hon’ble Apex Court in Gunwant Lal vs. State of Madhya Pradesh,

(1972) 2 SCC 194.

8. It is submitted that the recovery of live ammunition does not amount

to commission of offence under Section 30 of the Arms Act, 1959. In view

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 20/01/2026 at 01:22:09

of the fact that the bullets alone are "a minor part of ammunition" and fall

within the ambit of Section 45(d) of the Arms Act, 1959.

9. Reliance has also been placed on a judgment of this Court in Chang

Hong Saik Through SPA Arvinder Singh v. State, 2012 130 (DRJ) 504,

wherein the FIR had been quashed under similar circumstances, observing

that such recovery being minor part of ammunition as envisaged

under Section 45(d) of the Arms Act, 1959.

10. The Petitioner was not in conscious possession of the ammunition as

it was left behind in the baggage inadvertently.

11. It is settled law that the expression “possession” occurring in Section

30 of the Arms Act, 1959 means posse