Isha Rashid v. State
Case brief
What is this about?
The Court quashed FIR No. 34/2016 under Section 25 Arms Act where a live cartridge was found in the petitioner's bag. Relying on Gunwantlal, the Court held no conscious possession existed as the bullet belonged to her father's licensed revolver left inadvertently.
What did the court decide?
FIR No. 34/2016 and proceedings thereunder under Section 25 Arms Act are quashed.
What the court decided
* IN THE HIGH COURT OF DELHI AT NEW DELHI % Decided on: 8th May, 2017
+ CRL.M.C. 304/2017 & Crl.M.A. 1367/2017 (stay)
| ISHA RASHID | ..... Petitioner | |
|---|---|---|
| Represented by: versus |
Mr. G. Saikumar, Mr. Varun Pathak, Ms. Pooja Nuwal, Ms. Soumya Saikumar. |
|
| STATE & ANR. | Represented by: |
..... Respondent Mr. Hirein Sharma, APP. Mr. Dushyant Manocha, Mr. Anish Gupta, Advs. for R-2. |
| CORAM: | ||
| HON'BLE MS. JUSTI | CE MUKTA GUP | TA |
MUKTA GUPTA, J. (ORAL)
- By the present petition the petitioner seeks quashing of FIR No. 34/2016 registered at PS Domestic Airport, New Delhi under Section 25 Arms Act and the proceedings emanating therefrom.
- The allegations against the petitioner are that on 29th March, 2016 while boarding Indigo Airlines in the check-in baggage of the petitioner one 7.65 MM cartridge was recovered. Since the petitioner did not possess any valid license for the ammunition, the case was registered. The cartridge was sent to FSL and a report was received that the exhibit was ammunition as defined under the Arms Act, 1959.
- During investigation it was also revealed that the father of the petitioner was holding a valid arms license for All India for carrying a NP
Issues for consideration
2 issues framed by the court
Whether the petitioner was in conscious possession of the live cartridge found in her bag or if possession belonged to her father who held a valid license.
Whether Section 482 Cr.P.C. powers enable the High Court to quash the proceedings for lack of material to form a prima-facie opinion of illegal possession.
Parties & counsel
- petitioner
ISHA RASHID
- respondent
STATE & ANR.
Coram
MUKTA GUPTA
Case details
As recorded by the court registry
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