‘Conscious possession’ key factor for prosecution under Arms Act, says Delhi HC

New Delhi, Aug 31 (SocialNews.XYZ) The Delhi High Court has quashed criminal proceedings against an individual who was found with a live cartridge at the Indira Gandhi International Airport here in 2016.

Justice Saurabh Banerjee said that conscious possession is the key factor in prosecuting cases under the Arms Act, and highlighted that the recovered cartridge had been inadvertently left in the petitioner's bag during travel.

"It has been held in a plethora of judgements including in Gunwant Lal vs. The State of Madhya Pradesh (1972) 2 SCC 194 and Sanjay Dutt vs. State through CBI Bombay (II) Crimes 1994 (3) 344 (SC), that 'conscious possession' is the most significant ingredient for prosecution under the Arms Act, 1959. The possession herein is not mere custody of the arms but such possession supported by mens rea or intention," he noted.

The court deemed this case suitable for quashing the First Information Report (FIR) as it was evident that the petitioner had no intention of carrying the ammunition.

The petitioner's counsel argued that he had recently visited a friend's house in Bijnor, where the friend possessed a valid licence for firearms issued by Uttar Pradesh authorities.

During his stay, the cartridge accidentally fell into the petitioner's bag, which was later discovered at the airport.

"Learned counsel for the petitioner submits that the petitioner had no knowledge of the cartridge in his bag. He further submits that it was due to panic and fear that the petitioner could not divulge this information during investigation," the court noted.

In its decision, the court referred to a prior ruling in Chan Hong Saik Thr. Spa: Arvinder Singh vs. State (2012), stating that when a single cartridge or bullet is found in an individual's possession without any other suspicious circumstances, such possession alone may not be sufficient for prosecution.

It said that a solitary cartridge falls under minor ammunition, protected by clause (d) of Section 45 of the Arms Act, 1959.

However, since the FIR has been pending for the last 7 years and the police machinery was put in motion, and involved for a considerable period of time, the court found it appropriate that the petitioner contributes towards the betterment of the society by doing some social good.

Accordingly, the petitioner is directed to deposit costs of Rs 50,000 with the Regimental Fund Account, 3 Assam, within a period of one week.

Source: IANS