Herve Croso v. State
Case brief
What is this about?
Petitioner sought quashing of an FIR under Section 25 of the Arms Act, 1959 regarding live cartridges found in his baggage at an airport. The court rejected the petition as investigation was pending.
What did the court decide?
None; petition dismissed; miscellaneous applications disposed of as infructuous.
What the court decided
$~61
- IN THE HIGH COURT OF DELHI AT NEW DELHI
- W.P.(CRL) 52/2017 & Crl.M.A. Nos.216-18/2017 HERVE CROSO ..... Petitioner Through : Ms. Ramni Taneja and Mr. Peeyush Vaish, Advs. versus
STATE ..... Respondent Through : Mr. Sanjay Lao, ASC and Mr. Siddarth Sindhu, Adv. with SI Vinod Kumar PS IGI Airport. CORAM: HON'BLE MR. JUSTICE A.K. PATHAK O R D E R % 06.01.2017
By this petition under Articles 226 & 227 of the Constitution of India, petitioner has prayed for quashing of FIR No.449/2016 under Section 25 of the Arms Act, 1959, registered at police station IGI Airport, New Delhi.
As per the FIR, on 30th November, 2016, upon checking the baggage of petitioner at IGI Airport, three live cartridges were recovered. Petitioner had arrived at T-3 terminal from Paris by flight no.AI-142. He was to board a connecting flight of Air India (AI-317) to Mumbai. He was a transit passenger at IGI Airport.
Learned counsel for the petitioner has contended that these live cartridges were not there in the bag of petitioner, when he boarded the plane
at Paris Airport and live cartridges do not belong to petitioner. Someone appears to have kept these cartridges in petitioner’s bag at Delhi Airport by tampering his baggage; where he stayed for about 13 hours. It is submitted that petitioner was not in ‘conscious possession’ of the live cartridges.
Parties & counsel
- petitioner
HERVE CROSO
- respondent
STATE
Coram
A.K. PATHAK
Case details
As recorded by the court registry
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