Allow Cookies!
By using our website, you agree to the use of cookies
In a recent matter of Hari Kishan V. State (NCT of Delhi) the Delhi High Court on 31st May reiterated the principle in its decision 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. The High Court through the above observation quashed an FIR registered against one Hari Kishen under Section 25 of the Arms Act for allegedly possessing a live catridge. The said catridge was detected in the accused's bag at the Malviya Nagar metro station by Metro Rail officials. Hari Kishen contended that he was not aware of the presence of the catridge in the side pocket of this bag and claimed that the cartridge must been put it in his bag's side pocket by someone.
The petitioner in his arguments has heavily relied upon precedents like Gunwantlal Vs. State of Madhya Pradesh, Sanjay Dutt v. State, Siddhartha Kapur v. State and Gaganjot Singh v. State which had settled that the word 'possession' occurring in section 25 of the Arms Act, 1959 means conscious possession and that mere custody without the awareness of the nature of such possession does not amount to any offence under the Arms Act, 1959.
Similar to the above circumstances in current factual matrix the petitioner's bag was found to be having a catridge by the airport security. The petitioner had argued that he was unaware of the live cartridge in his baggage and also stated that the bag belonged to his uncle who had lent him for the journey. The Court in light of the above cases had quashed the charge sheet in the present case on the finding that there was no allegation that possession was conscious. The single judge bench of HC observed that “In accordance to Gaganjot Singh and the catena of verdicts relied upon on behalf of the petitioner……and taking into account that there is not a whisper of an averment in the FIR as averred in the charge sheet that the petitioner was aware of being in alleged conscious and knowledgeable possession of the ammunition in question, the FIR against the petitioner is hereby quashed".
86540
103860
630
114
59824