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2026 Supreme(Online)(Del) 1393

IN THE HIGH COURT OF DELHI AT NEW DELHI
CHARENJIT SINGH BAKSHI – Appellant
Versus
STATE NCT OF DELHI – Respondent


Judgement Key Points

Key Points: - The court quashed FIR No.576/2025 under Section 30 Arms Act, 1959, noting lack of conscious possession/knowledge and absence of weapon, relying on lack of mens rea. (!) (!) - It relied on prior jurisprudence that mere recovery of ammunition without knowledge or intention does not establish offence; emphasized need for conscious possession under Arms Act. (!) (!) (!) (!) - It referenced and followed precedent including Seema v. State NCT of Delhi & Anr (W.P.(Crl) 85/2026) and other cases recognizing absence of knowledge can justify quashing. (!) - The petitioner held a valid Arms License WDKY/9/2016/1 valid till 16.07.2028; license permitted possession of cartridges; investigation still ongoing (forensic report awaited). (!) (!) - The court directed deposit of Rs. 25,000 with Delhi High Court Staff Welfare Fund as a condition for quashing, and dismissed the petition with disposal terms. (!) - The act of carrying ammunition was described as inadvertent/oversight rather than deliberate, influencing the decision to quash. (!) (!) - The decision cites constitutional and Supreme Court jurisprudence on possession being a mental element (conscious possession) for offences under Arms Act. (!) (!) (!) (!)

What is the appropriate legal approach to quashing an FIR under Section 30 of the Arms Act where the accused possessed a live cartridge without conscious possession or knowledge, given a valid arms license?

What are the circumstances under which the High Court may exercise inherent powers to quash criminal proceedings in cases involving alleged possession of ammunition without intent or knowledge?

What is the role of mens rea or conscious possession in establishing offences under Section 30 and related provisions of the Arms Act, and how does that impact quashing proceedings?


$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 27th January, 2026 + CRL.M.C. 452/2026 & CRL.M.A. 1795/2026 CHARENJIT SINGH BAKSHI .....Petitioner Through: Mr. Ajad Khokher, Advocate.

versus STATE NCT OF DELHI .....Respondent Through: Mr. Raj Kumar, APP for the State with SI Manoj Kumar, PS IGI Airport.

CORAM:

HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral)

1. The present petition seeks quashing of FIR No.576/2025 dated 17.08.2025, registered at P.S. IGI, Airport for commission of offence under Section 30 of Arms Act, 1959, along with all consequential proceedings emanating therefrom.

2. Briefly stated, the case of prosecution is that on 16.08.2025, the petitioner, who intended to travel from Delhi to Hong Kong, checked his baggage and when the image of his bag appeared on inline baggage screening monitor, it was suspected containing undeclared ammunition.

3. The suspicion resulted in physical search and during such search of his bag, one live cartridge with “KF 7.65” engraved on the base was recovered and it was in the abovesaid backdrop of the facts that a case under Section 30 of Arms Act, 1959 was registered against the accused.

4. Petitioner seeks quashing of

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