JYOTIRMAYA NAND vs STATE OF NCT OF DELHI THROUGH SHO PS IGI AIRPORT

Judgment text excerpt

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 814/2024 JYOTIRMAYA NAND .....Petitioner Through: Mr. Rohit Yadav, Mr. Vikas Nian, Mr. Vishvendra Singh and Mr. Neeraj Yadav, Advocates versus STATE OF NCT OF DELHI THROUGH SHO PS IGI AIRPORT .....Respondent Through: Ms. Rupali Bandhopadhya, ASC for State with Mr. Abhijeet Kumar and Mr. Anurag Arora, Advocates along with SI Saroj Yadav, PS: IGI Airport % Date of Decision: 03rd February, 2025 CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA JUDGMENT(ORAL) 1. The present petition has been filed under Article 226/227 of the Constitution of India read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 [erstwhile Section 482 of Code of Criminal Procedure, 1973] seeking quashing of FIR No. 495/2023 dated 16.08.2023 registered at Police Station (P.S) IGI Airport, Delhi for offence under Section 25 of the Arms Act, 1959 (‘Arms Act’). 2. Learned counsel for the Petitioner states that the alleged incident occurred within the jurisdiction of Police Station IGI Airport during which, the Petitioner was travelling from New Delhi to Indore from Air Vistara, Flight Number UK-913 on 16.08.2023. Signature Not Verified Digitally Signed W.P.(CRL) 814/2024 Page 1 of 5 By:MAHIMA SHARMA Signing Date:06.02.2025 18:59:40 2.1. He states that during the scanning of the Petitioner’s baggage, 35 live cartridges and four (4) Empty Shells were recovered. He states that in these facts, the subject FIR i.e., FIR No. 495/2023 under Section 25 of the Arms Act was registered at Police Station IGI Airport. 2.2. He states that during interrogation the Petitioner had produced his valid arms license which is valid for the State of Uttarakhand. He states that subsequently, after the interrogation, Investigating Officer (‘I.O’) had releas