PUJESHWARI vs THE STATE (NCT OF DELHI)

Judgment text excerpt

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 31st January, 2025 + CRL.M.C. 637/2025 MRS. PUJESHWARI W/o Mr. Harender Kumar R/o Veena Puram, Faundry Nagar, Narkah, Kuberpur, Agra, U.P.-282006. .....Petitioner Through: Dr. Ajay P. Tushir, Mr. Jaswant Rathi, Mr. Varun Malik,Mr. P. Tushir, Advocates . versus THE STATE (NCT OF DELHI) .....Respondent Through: Mr. Shoaib Haider, Ld. APP for State with ASI Bansi Lal P.s. Domestic Airport. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral) CRL.M.A. 3038/2025 (Seeking Exemption) 1. Allowed, subject to just exceptions. 2. The Application is accordingly disposed of. CRL.M.C. 637/2025 3. A Petition under Section 528 of BNSS/482 Cr.P.C has been filed for quashing of FIR No.028/2022 registered under Section 25 of Arms Act at Signature Not Verified DigitallySigned By:SAHIL SHARMA CRL.M.C. 637/2025 Page 1 of 5 Signing Date:13.02.2025 05:39:47 Police Station Domestic Airport, IGI, New Delhi. 4. It is submitted that on 26.06.2022 the Petitioner who is a housewife was travelling from Delhi to Mumbai by Air Flight No.6E864. While she was waiting for the flight, she was detained as one live ammunition (bullet) was detected in her bag. During the security check, this cartridge was recovered. On verification it was found that the bullet belonged to the husband of the Petitioner, who had a valid Arms License issued from Uttar Pradesh. It is submitted that the possession of the Petitioner was not conscious. 5. Reliance has been placed on Dhanwant Kaur vs. State & Anr. Crl. M.C.3593/2016. It is submitted that Arms Act do not apply to the present case as the acquisition, possession or carrying of minor parts of the arms or ammunition are not intended to be used along with complementary parts acquired or po