RAMESH CHANDRA vs STATE OF NCT OF DELHI

Judgment text excerpt

$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision : 14.01.2025 + CRL M.C. No. 144 of 2025 RAMESH CHANDRA .....Petitioner Through: Versus STATE OF NCT OF DELHI .....Respondent Through: CORAM: HON'BLE MR. JUSTICE JASMEET SINGH : JASMEET SINGH, J (ORAL) 1. This is a petition filed under Section 482 of CrPC/Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking quashing of the FIR No. 330/2021 dated 02.12.2021 under Section 25 of the Arms Act, 1959 (“Arms Act”) registered at PS IGI Airport, Delhi. 2. It is stated in the FIR that on 01.12.2021 at 23:53 hours, one live ammunition (i.e. one cartridge) was recovered from physical inspection of the petitioner’s bag. The petitioner failed to show any valid license for the same and hence, the present FIR was registered. 3. The petitioner is a citizen of India and works as a cook in Dubai. 4. Learned counsel for the petitioner states that the petitioner was planning to travel back to Dubai and purchased a bag from a roadside market and put his belongings in the bag. The petitioner was in a hurry Digitally Signed CRL M.C. No. 144 of 2025 Page 1 of 6 By:MAYANK Signing Date:23.01.2025 14:46:17 to catch the flight and he did not check the bag before putting his belongings in it and was thus unaware about the said one cartridge recovered from his bag. 5. He further submits that the petitioner did not have any knowledge about the presence of the recovered live ammunition in the bag. The petitioner had no intention to carry a live ammunition and the petitioner would not have carried the recovered ammunition had he known about its presence in the bag. Moreover, a single live ammunition without a fire arm can serve no illegal purpose and the recovery is only that of one single cartridge and not a fire arm. 6. R