In W.P. (CRL.)108/2022-DEL HC- Delhi HC quashes FIR registered under Arms Act as accused lacked element of consciousness and knowledge of possession of two live cartridges recovered from her bag Justice Poonam A. Bamba [20-07-2022]

Read Order: MS. YAKA DODUM v. STATE (NCT OF DELHI) 

Tulip Kanth

New Delhi, July 25, 2022: The Delhi High Court has quashed the FIR and all consequential proceedings, in a case where a woman was found in the possession of two live pieces of ammunition at IGI Airport,Delhi when she was about to board a flight from Delhi to Amritsar.

While considering this petition under Articles 226 & 227 of the Constitution of India & u/s 482 of Code of Criminal Procedure Code seeking quashing of FIR, the Bench of Justice Poonam A. Bamba said, “It is a settled position of law that inherent powers conferred on this Court under Section 482 Cr.P.C are of wide amplitude but the same have to be exercised with care and caution. This power can be used for twin objectives i.e. to prevent abuse of process of law and to secure the ends of justice/to do complete and substantial justice.”

It was the petitioner’s case that the petitioner along with her family is living in a hilly and forest area of Arunachal Pradesh, which is frequently thronged by wild animals. For their protection, the petitioner and her husband had taken Arm Licence from the office of the Deputy Commissioner, which were renewed by them as per law, from time to time. 

The petitioner always carried a loaded pistol in her handbag alongwith few spare live cartridges to meet any threat or eventuality. It was also mentioned from her side that while taking a Vistara flight from Delhi to Amritsar, the petitioner packed her travelling baggage hurriedly, although, she had removed the weapon from her hand bag, mistakenly two live cartridges remained in the hand bag. 

Expounding the law on the nature of possession for commission of offence under Section 25 of the Arms Act, the  Bench referred to the judgment of the Top Court in Gunwantlal Vs. The State of Madhya Pradesh, and opined that the petitioner lacked the element of consciousness and knowledge of possession of the two live cartridges recovered from her bag.

Prima facie, the petitioner cannot be said to be in conscious possession of the said two live cartridges, noted the Bench. Thus, in the interest of justice and in furtherance of the objective of inherent powers vested in the Court under Section 482 CrPC, the Bench quashed the FIR.