Latest High Court Order is of the Delhi High Court, which quashed FIR under Section 25 of Arms Act lodged against a Foreigner (Accused) who while travelling from Delhi to Hyderabad carried hand baggage with a live cartridge in his possession.
The Facts of Junco Anos vs State NCT of Delhi, are pretty interesting and are as follows:
The petitioner sought quashing of FIR no 40/2018 lodged under section 25 of the Arms Act registered at Police Station, Domestic Airport. The petitioner was travelling from Delhi to Hyderabad through flight.A cartridge was discovered from a hand baggage carried by the petitioner. The cartridge was found from inside the hand baggage of the petitioner. Based on the discovery of the cartridge, the said FIR was registered.
Whether the FIR against the petitioner could be quashed on the fact that he inadvertently kept a cartridge in his hand baggage and possess a valid arms license?
SUBMISSION OF THE PETITIONER
- The petitioner contended that he holds a valid Arms License bearing No.51080415-Z valid till 15.02.2018 in Spain.
- Further the petitioner submitted that he had no knowledge of the presence of any cartridge, which inadvertently was there in his baggage.
- Counsel for the petitioner relied upon various judgments including Dhanwant Kaur V. State 2016 SCC Online Del 5492 wherein it has been categorically held that mere possession of live cartridge without any consciousness would not constitute an offence as alleged and the petitioner thus prays for the quashing of FIR.
SUBMISSION OF THE RESPONDENT
The prosecution confirmed the fact that a cartridge without any firearm was found in possession of the petitioner while travelling from Delhi to Hyderabad. The prosecution also confirmed that the petitioner had a license for this in Spain.
FINDINGS OF THE COURT
The Delhi High Court observed that admittedly only a cartridge was found in Petitioner’s hand baggage without any firearm. The submission of the petitioner thus are plausible that he being an holder of Arm’s license may have kept this cartridge inadvertently in his baggage, hence, relying upon the law laid down above, there is no use to continue with this FIR and the proceedings emanating therefrom and hence, the Court quashed the First Information Report lodged against the Petitioner.
Court: Delhi High Court
Title: Carlos Junco Anos vs State NCT of Delhi
Case No.- W.P. (Crl.) 1489 of 2020
Date of Decision: 21.09.2020
Quorum: Hon’ble Mr. Justice Yogesh Khanna
Appearance: Mr. Rohit Nagpal for Petitioner and Mr.Ranbir Singh Kundu, ASC for the State