IN THE HIGH COURT OF DELHI AT NEW DELHI
HARBHAJAN SINGH – Appellant
Versus
STATE NCT OF DELHI AND ANR. – Respondent
J U D G M E N T (oral)
1. The present petition seeks quashing of FIR No.175/2024 dated 05.03.2024, registered at P.S. IGI Airport for commission of offence under Section 25 of Arms Act, 1959, along with all consequential proceedings emanating therefrom.
2. Briefly stated, the case of prosecution is that on 05.03.2024, the petitioner, who intended to travel from Delhi to London by Vistara flight, checked his baggage and when the image of his bag appeared on inline baggage screening monitor, it was suspected to be containing undeclared ammunition.
3. Such suspicion resulted in physical search and during search of his bag, five live cartridge with "32.5 & WL KF" engraved on the base were recovered and it was in the abovesaid backdrop of the facts that a case under Section 25 of Arms Act, 1959 was registered against the accused.
4. Petitioner seeks quashing of the abovesaid FIR, primarily, for the following reasons:-
a) The petitioner holds a valid arms license issued by the Licensing Unit, and the cartridges in question pertain to the same licensed firearm of the petitioner.
b) The act of carrying the cartridge was not deliberate but occurred due to an oversight. The petitioner was not in c
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