CRL.M.C./1619/2017 of NEERAJ PUNDIR Vs STATE (GOVT OF NCT OF DELHI) & ANR

*IN THE HIGH COURT OF DELHI AT NEW DELHI+CRL.M.C. 1619/2017NEERAJ PUNDIR..... Petitioner

..... Petitioner

Through:Mr. Sumit Chaudhary, Mr. Anil Ranaand Mr. Kanwar Kochar, Advs.versus

STATE (GOVT OF NCT OF DELHI) & ANR..... RespondentsThrough:Ms. Meenaksh Dahiya, APP with SIMukesh, P.S. IGI Airport.

CORAM:HON'BLE MR. JUSTICE A.K. PATHAKO R R%12.01.2018

By this petition under Section 482 Cr.P.C., petitioner has prayed forquashing of FIR No.387/2014 under Section 25/25(54)/59 of the Arms Act,1959 registered at P.S. IGI Airport, New Delhi.

On 18[th]October, 2014, at about 4 pm bag of the petitioner wassearched at the Delhi airport by the security personnel when 8 live cartridgesof 7.65 caliber were noted in the said bag on x-ray machine and were seized.Petitioner failed to produce valid arms licence, accordingly, aforesaid FIRwas registered.

Learned counsel for the petitioner submits that petitioner is resident of

Dehradun, Uttrakhand. He was going to Indore via Delhi. He was to takeAir India Flight No. 1636 from Delhi Airport for going to Indore. Petitioner

holds valid arms licence for arms and ammunition within the State of

Uttrakhand.Licence of the petitioner was issued by the CompetentAuthoritythatis,DistrictMagistrate,Haridwar.Whenpetitionercommenced his journey, he was not aware that 8 live cartages were lying inhis band bag. Petitioner took the hand bag lying in his house and kept hisarticles without checking the hand bag properly. He himself was surprisedto notice that 8 live cartridges were there in his hand bag.

Learned counsel for the petitioner contends that to attract theingredients of offence under Section 25 of the Arms Act, prosecution has toestablish that petitioner was in ‘conscious possession’ of the arms andammunition.Petitioner was not in ‘conscious possession’ of these 8 livecartridges which were recovered from his hand bag at the Delhi Airport.Petitioner was having valid arms licence and had kept live cartages in hishand bag earlier.Arms licence has been verified by the InvestigatingOfficer, therefore, aforesaid FIR may be quashed.

He has placed reliance on Sanjay Dutt vs. State through CBI,Bombay, MANU/SC/0554/1994, Nurit Toker vs. The State of Maharashtra,2012 Bom CR (Cri) 154, William Michael Hurtubise vs. The State ofOdisha and Ors. MANU/OR/0016/2014, Gunwantlal vs. The State of

Madhya Pradesh, MANU/SC/0130/1972 and Gaganjot Singh vs. State,MANU/DE/3227/2014 to contend that ingredients of offence under Section25 of the Arms Act are not attracted in absence of the ‘conscious possession’of the cartridges.

The plea taken by the petitioner is plausible plea that when hestarted his journey, he did not notice the live cartridges in his hand bag.Itis trite law that in order to attract the ingredients of Section 25 of the Act, itis necessary that accused is in ‘conscious possession’ of the arms andammunition. In this case, there is nothing to indicate that petitioner was in‘conscious possession’ of the 8 live cartridges, which were recovered at theIGI Airport from his hand bag.

In Sanjay Dutt (supra), Supreme Court held, thus, “the meaning of thefirst ingredient of ‘possession’ of any such arms etc. is not disputed. Eventhough the word ‘possession’ is not preceded by any adjective like‘knowingly’, yet it is common ground that in the context the word‘possession’ must mean possession with the requisite mental element, thatis, conscious possession and not mere custody without the awareness of thenature of such possession.There is mental element in the concept ofpossession.”

During the investigation, petitioner produced his arms licence beforethe Investigating Officer and the same has been verified. No material couldbe collected by the Investigating Officer to show that the petitioner was in‘conscious possession’ of the 8 live cartridges recovered from him.

For the foregoing reasons, aforesaid FIR and the consequentproceedings emanating therefrom, are quashed.

Petition is disposed of in the above terms.

Dasti.

JANUARY 12, 2018ga

A.K. PATHAK, J.