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Latest news November 02, 2018 602

Hon’ble Delhi High Court in Writ Petition (Criminal) bearing W.P. (Crl) 1285/2017 titled as ‘Abigail Louisa Clark & Anr. versus State of NCT of Delhi & Anr.’quashed two FIRs under Arms Act against two foreign nationals where live ammunition was found in their baggage at Airport as the Court held that there is no evidence suggesting the petitioners were aware of the presence of the ammunition in their respective baggage. Court also directed the Ministry of External Affairs to send communication to all Embassies, Consulates or High Commissions in India advising foreign nationals travelling to this country as to the desirability to bear in mind the local laws, particularly such laws as Arms Act so that inadvertent infractions of this kind as were the subject matter of these cases do not recur.

The relevant portion of the judgment is as under:

“15. The averments made in the FIRs in both these cases do not indicate anything even remotely suggesting conscious possession. Noticeably, in the first case the petitioner had even handed over her baggage which was found to contain the live ammunition for being carried in the cargo of the plane. In the other case, the fact that the petitioner holds a valid fire arm licence in his native State has been confirmed. The possession of live ammunition by itself may be an offence but it would be of no use to the petitioner without a corresponding fire arm. In these circumstances, the theory of it having continued to be lying in his baggage from native country to India through the short travel here in highly probable and cannot be ruled out.

16. The learned Additional Standing Counsel fairly conceded that the investigation in both the cases has not thrown up any evidence suggesting the petitioners were aware of the presence of the ammunition in their respective baggage. Thus, in this view, carrying of the ammunition in the baggage cannot be described as conscious possession so as to constitute the offence under Section 25 of the Arms Act.

17. For the foregoing reasons, the petitions are allowed. The proceedings arising out of FIR No.130/2017 under the Section 25 of the Arms Act, 1959 of Police Station IGI Airport, New Delhi against the first petitioner and the proceedings arising out of FIR No.84/2017, under Section 25 of the Arms Act, 1959 of Police Station IGI Airport against the second petitioner are hereby quashed.

18. Having regard to frequency of registration of such cases as at hand, it will be in the fitness of things that the Ministry of External Affairs sends a communication to all Embassies, Consulates or High Commissions in India advising foreign nationals travelling to this country as to the desirability to bear in mind the local laws, particularly such laws as Arms Act so that inadvertent infractions of this kind as were the subject matter of these cases do not recur.

19. A copy of the order be given Dasti to the each of the parties and also be sent to Ministry of External Affairs, Government of India, as indeed to the concerned courts of Metropolitan Magistrate.”

Pankaj Kumar & Co. | Criminal Lawyer in Delhi | Call us @ +91-8800543454

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