JASWINDER SINGH Vs. STATE GOVT. OF NCT OF DELHI AND ORS.

JUDGEMENT

(1.) The petitioner has filed the present petition under Section 482 Cr.P.C. for quashing of the FIR bearing No.302/2013, under Section 25/54/59 of the Arms Act, 1959 registered at P.S. IGI Airport, the charge-sheet filed therein as well as the summoning order dated 31st July, 2014 and all proceedings emanating there from which are pending before ACMM, Patiala House Courts, New Delhi.

(2.) The case of the prosecution is that on 5th October, 2013 a complaint was received at P.S. IGI Airport, Delhi from SI Vikas Kumar CISF No.022240071 that while he was performing his duty at X-ray Machine No.X-BIS-06, Intl. SHA (Security Hold Area), Departure Wing IGI Airport Delhi, during the scanning of petitioner's hand bag, one live cartridge of .32 calibre was detected. On physically checking the handbag, one live cartridge was found inside the handbag and on questioning, the petitioner could not give any satisfactory reply and therefore, on the said complaint, the case vide FIR No.302/2013 dated 5th October, 2013 under Section 25/54/59 of Arms Act was registered at P.S. IGI Airport, Delhi. On that day, the petitioner was departing for Guangzhao by China Southern Airlines Flight No.CZ- 3028 on the strength of his Indian Passport No.H-80280651.

(3.) The charge-sheet was prepared against him after getting the sanction under Section 39 of the Arms Act and the same had been filed in the Court of ACMM, Patiala House Court, New Delhi. The notice had been issued to petitioner.