Arms Act-Court Acquits Accused as he was not in Conscious Possession of Arms

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June 07, 2019

Case name: Hari Kishan v. State (NCT of Delhi)

Arms Act- The High Court of Delhi in the case acquitted the accused for offence under Section 25 of Arms Act as he was not under conscious possession of the alleged live cartridge.

In the instant case, the Petitioner was charge sheeted for possession of prohibited arms punishable under Section 25 of the Arms Act, 1959. Aggrieved by this, the Petitioner instituted a petition to quash the said FIR. In the petition, the Petitioner has pleaded that he had no knowledge about the presence of a live cartridge in his bag, thus he had no conscious possession of the alleged cartridge.

Bench’s Verdict

The High Court of Delhi in view of the facts of the case and related precedents under Section 25 of the Arms Act allowed the Petitioner’s plea and made the following observations in the case:

The Supreme Court while pronouncing it’s verdict in the case heavily relied on Division Bench’s judgment in the case of Gaganjot Singh v. State, which are in facts pari materia to the instant case and held that 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 and thus the proceedings emanating therefrom against the petitioner are also quashed.

The entire case can be accessed here.