JATINDER SINGH vs STATE NCT OF DELHI AND ANR

Judgment text excerpt

$~87 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 23.04.2025 + W.P.(CRL) 1166/2025 JATINDER SINGH .....Petitioner Through: Sh. Devinder Singh, Advocate versus STATE NCT OF DELHI AND ANR .....Respondents Through: Ms. Rupali Bandhopadhya, ASC with Mr. Abhijeet Kumar, Advocate SI Rajesh, PS IGI Airport CORAM:- HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT (ORAL) RAVINDER DUDEJA, J. 1. The present Writ Petition has been filed under article 226 of the Constitution of India along with section 528 of the BNSS2023, seeking quashing of the FIR no. 110/2025 registered at PS IGI Airport New Delhi under section 25 of the Arms Act, 1959 and proceeding emanating therefrom. 2. Briefly stated, the facts as per the FIR are that on 03.02.2025, during baggage screening at IGI Airport Terminal-3, five undeclared live cartridges were detected in the check-in baggage of the Petitioner bound for Hong Kong by flight CX-698. Upon physical inspection in the presence of airline security staff, it was found that the cartridges, W.P.(CRL) 1166/2025 Page 1 of 6 Signature Not Verified Digitally Signed By:SUNITA KUMARI Signing Date:24.04.2025 18:39:37 each measuring 3.2 cm in length and 1 cm in diameter with markings "328," "W.L.," and "K.F.," were seized, and a sketch memo was prepared. The ammunition was sealed and handed over to the police, and a complaint was lodged by Ms. Jyoti Gupta of DIAL Security. Based on the investigation and absence of proper documents, an FIR under Section 25 of the Arms Act was registered against the petitioner, and further inquiry was initiated by SI Rajesh Kumar. 3. Learned counsel for the petitioner submits that the petitioner had neither knowledge nor conscious possession of the five undeclared ammunitions found in his baggage, and therefore, no offen