The Delhi High Court has quashed an FIR against a woman, who was apprehended at the Delhi airport with a live cartridge while she was to board a flight to Goa.
A bench of Justice Subramonium Prasad observed that the court had, on many occasions, ruled that the mere recovery of the cartridge itself is not sufficient to prove the offence in the absence of any intention.
It was also noted that in similar cases, the court had quashed the FIRs under Section 25 of the Arms Act.
In the present case, advocate Amit Sahni, appearing for the woman, submitted that the petitioner is an IT professional and the ammunition, belonging to her father, who holds a valid .32 bore revolver license, was inadvertently carried in her bag.
He said despite producing all the relevant documents of the licensed ammunition before the IGI Airport Police Station, the FIR has not been closed.
The court then said: “In the facts and circumstances of this case, this court is inclined to quash the FIR dated February 5, 2021, registered at Police Station IGI Airport, New Delhi for an offence under Section 25 of Arms Act 1959 and the proceedings emanating therefrom.”