'No Conscious Possession': Delhi High Court Quashes FIR Against UP Resident Found Carrying Live Cartridge At Delhi Airport In 2016, Imposes Cost
1 year, 6 months ago

'No Conscious Possession': Delhi High Court Quashes FIR Against UP Resident Found Carrying Live Cartridge At Delhi Airport In 2016, Imposes Cost

Live Law  

Observing that records reveal that he was not in 'conscious possession', the Delhi High Court has quashed the FIR filed against an Uttar Pradesh resident who was caught at the IGI airport with one live cartridge in his check-in baggage in 2016.The bench of Justice Saurabh Banarjee observed, "In the present matter, only a single live cartridge was recovered from the petitioner, and the. Observing that records reveal that he was not in 'conscious possession', the Delhi High Court has quashed the FIR filed against an Uttar Pradesh resident who was caught at the IGI airport with one live cartridge in his check-in baggage in 2016. The bench of Justice Saurabh Banarjee observed, "In the present matter, only a single live cartridge was recovered from the petitioner, and the record reveals that the petitioner was not conscious of such possession and it was inadvertently that the cartridge remained in hid bag while travelling. The State of Madhya Pradesh and Sanjay Dutt vs. State through CBI Bombay wherein it has been held that “conscious possession” is the most significant ingredient for prosecution under the Arms Act, 1959.

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History of this topic

Delhi High Court Quashes Arms Act FIR, Directs Accused To Pay ₹50K Costs To Police Welfare Fund, Lawyers' Bodies
10 months, 2 weeks ago

Delhi High Court Quashes Arms Act FIR, Directs Accused To Pay ₹50K Costs To Police Welfare Fund, Lawyers' Bodies

Live Law  

While quashing an FIR registered against a man under the Arms Act, 1959, the Delhi High Court has asked him to pay costs of Rs. 50,000 to be deposited with Delhi Police Welfare Fund and three district court Bar Associations.Justice Amit Mahajan quashed the FIR registered against Pritpal Singh for the offence under Section 25 of the Arms Act, observing …

"Prima Facie Offence Under Arms Act": Delhi High Court Refuses To Quash FIR Against Canadian Citizen With 50 Live Cartridges In Flight Baggage
3 years ago

"Prima Facie Offence Under Arms Act": Delhi High Court Refuses To Quash FIR Against Canadian Citizen With 50 Live Cartridges In Flight Baggage

Live Law  

The Delhi High Court has refused to quash an FIR registered against a Canadian citizen whose flight check-in baggage was found with 50 live cartridges. It was stated that during the check-in at the IGI Airport, New Delhi, the baggage of the petitioner was found with 50 live cartridges of.22 mm caliber. The Court also noted that the petitioner was …

Delhi High Court Quashes FIR Seeking 'Unlawful Recovery Of Money' In A Purely Commercial Matter
4 years, 4 months ago

Delhi High Court Quashes FIR Seeking 'Unlawful Recovery Of Money' In A Purely Commercial Matter

Live Law  

The Delhi High Court on Monday reaffirmed that the criminal justice delivery mechanism cannot be misused to seek recovery of money under the garb of Cheating and Criminal Breach of Trust. The Petitioner had also raised the issue of territorial jurisdiction and submitted that the territorial jurisdiction of a court with regard to criminal offence would be decided on the …

"No Prosecution Qua The Offence Of Unlawful Possession Of Arms Without Previous Sanction From DM : Delhi CBI Court Acquits Former Chief Secretary Of Nagaland [Read Judgment]
4 years, 8 months ago

"No Prosecution Qua The Offence Of Unlawful Possession Of Arms Without Previous Sanction From DM : Delhi CBI Court Acquits Former Chief Secretary Of Nagaland [Read Judgment]

Live Law  

On Friday, conviction of former IAS Officer and former Chief Secretary of the State of Nagaland S.S. Ahluwalia under Section 417 IPC read with Section 415 IPC, Section 471 IPC read with 467 IPC and under Section 25 of the Arms Act was set aside by Sh. As per section 39 of the Arms Act, no prosecution can be instituted …

Live Ammunition In Baggage : Delhi HC Quashes FIR Against Lady Traveller [Read Order]
5 years, 1 month ago

Live Ammunition In Baggage : Delhi HC Quashes FIR Against Lady Traveller [Read Order]

Live Law  

Delhi High Court has held that if there is nothing in the FIR which indicates a conscious and knowledgeable possession of a firearm, no case can proceed under section 25 of the Arms Act. The Single Bench of Anu Malhotra, while quashing the FIR against the Petitioner, noted that for possession of a firearm under the Arms Act, there must …

Possession of Single Cartridge Without a Firearm Would Not Attract Liability Under The Arms Act: Delhi HC Reiterates
5 years, 4 months ago

Possession of Single Cartridge Without a Firearm Would Not Attract Liability Under The Arms Act: Delhi HC Reiterates

Live Law  

Delhi High Court has recently reiterated that recovery of a single cartridge from a person, without the recovery of a firearm along with it, would not attract liability under the Arms Act. Justice Suresh Kumar Kait went on to note that the accused would be protected under section 45 of the Arms Act if possession of the ammunition was unconscious, …

Mere Possession Of Ammunition Without Awareness Will Not Constitute Offence Under Arms Act : Delhi HC [Read Judgment]
5 years, 9 months ago

Mere Possession Of Ammunition Without Awareness Will Not Constitute Offence Under Arms Act : Delhi HC [Read Judgment]

Live Law  

The Delhi High Court has reiterated that only the conscious possession of a firearm or ammunition, where the person is fully aware of the possession, can amount to offence under the Arms Act 1959.Applying this principle, the High Court quashed an FIR registered against one Hari Kishen under Section 25 of the Arms Act for allegedly possessing a live catridge.The …

Bombay HC Quashes FIR Against B’desh Citizen Booked Under Arms Act As He Was Not In Conscious Possession [Read Judgment]
7 years, 3 months ago

Bombay HC Quashes FIR Against B’desh Citizen Booked Under Arms Act As He Was Not In Conscious Possession [Read Judgment]

Live Law  

The Bombay High Court recently quashed an FIR against a citizen of Bangladesh booked under sections 3 and 25 of the Arms Act.After hearing the writ petition filed by the accused, MA Latif Shahrear Zahedee, the bench of Justice Ranjit More and Justice Shalini Phansalkar Joshi held that the accused was not in conscious possession of the live cartridges that …

Not Being In Conscious Possession Of A Live Cartridge Is Not An Offence Under Arms Act Says Bombay HC
8 years, 3 months ago

Not Being In Conscious Possession Of A Live Cartridge Is Not An Offence Under Arms Act Says Bombay HC

Live Law  

The Bombay High Court has held that if someone is not consciously in possession of a live cartridge then it does not amount to an offence under the Arms Act. The bench of Justices VM Kanade and Nutan Sardessai were hearing a writ petition filed by a woman against whom an FIR was registered after a bullet was found in …

Not Being In Conscious Possession Of A Live Cartridge Is Not An Offence Under Arms Act Says Bombay HC
8 years, 3 months ago

Not Being In Conscious Possession Of A Live Cartridge Is Not An Offence Under Arms Act Says Bombay HC

Live Law  

The Bombay High Court has held that if someone is not consciously in possession of a live cartridge then it does not amount to an offence under the Arms Act. The bench of Justices VM Kanade and Nutan Sardessai were hearing a writ petition filed by a woman against whom an FIR was registered after a bullet was found in …

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