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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 4282/2025

MATTHEW GRANT .....Petitioner

Through: Mr. Sumit Misra, Mr. Mayank

Sharma and Mr. Udath Singh, Advs.

versus

STATE NCT OF DELHI .....Respondent

Through: Mr. Sanjay Lao, SC for State with

Mr. Abhinav Arya and Mr. Aryan

Sachdeva, Advs. with SI Madan Lal,

PS. Domestic Airport.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 23.12.2025

CRL.M.A. 38556/2025 (exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

W.P.(CRL) 4282/2025

3. The present petition has been filed under Section 528 BNSS, 2023

seeking quashing of FIR No. 237/2025 dated 04.11.2025 registered at PS-

Domestic Airport under Section 25 of Arms Act, 1959 and all consequential

proceedings emanating therefrom.

4. The case set out in the present petition is that the petitioner is a US

citizen and had travelled from US to New Delhi, from where he had to take

a flight for Pune.

5. During the routine security screening of baggage at the airport, one

live cartridge/ammunition was recovered from the petitioner’s check-in

baggage, which led to the registration of aforesaid FIR.

6. Mr. Sumit Misra, learned counsel for the petitioner submits that the

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petitioner possess license of arm in US, therefore, inadvertently, one live

cartridge was somehow left in his baggage, however, the petitioner was not

in conscious possession of the same.

7. In view of the above, issue notice. Mr. Sanjay Lao, learned Standing

Counsel for the State accepts notice.

8. With the consent of the parties, the matter is taken up for disposal at

the stage of issuance of notice itself without calling for the counter-affidavit

as the matter is stated to be covered by the various decisions of this Court.

9. At this stage, reference may be had to the decision of the Coordinate

Bench of this Court in W.P.(Crl.) 633/2023, Mohd. Tarique Rehman v.

State of NCT of Delhi wherein under similar circumstances, this Court had

made following pertinent observations:

“6. Applying the same principles to the present case, it is evident

that the Petitioner had no knowledge of the presence of the

ammunition in his baggage. The doctrine of conscious possession

requires not only physical possession but also awareness and

intent, neither of which are established here. The material on

record does not suggest any mens rea or culpable intent on the part

of the Petitioner, nor does it indicate that the ammunition was

carried for any unlawful purpose. The Petitioner’s explanation, that

the cartridge was mistakenly left in his bag by others who borrowed

it, is plausible. Moreover, no firearm was recovered from the

Petitioner, and there is no allegation that he attempted to use the

ammunition in any manner that posed a threat to public safety.

Given that criminal liability under the Arms Act is stringent and

must be construed strictly, the absence of any incriminating

circumstances further reinforces the conclusion that the Petitioner

does not fall within the mischief sought to be prevented by the

statute. Consequently, no offence under Section 25 of the Arms Act

is made out against the Petitioner.

7. Additionally, the Petitioner has no criminal antecedents, and the

registration of an FIR in such circumstances would serve no

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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 06/02/2026 at 05:42:41

legitimate purpose other than subjecting him to undue harassment

and prolonged litigation. The Supreme Court has repeatedly held

that criminal proceedings should not be permitted to continue when

they amount to an abuse of the process of law. In the absence of any

legal or factual basis to sustain the prosecu