Delhi High Court - Orders
Baljit Fantu vs State, Govt. Of Nct Delhi & Anr on 14 October, 2020
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
via Video-conferencing
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P. (CRL) 1681/2020
BALJIT FANTU ..... Petitioner
Through: Mr. Satvinder Singh, Adv.
versus
STATE, GOVT. OF NCT DELHI & ANR ..... Respondents
Through: Mr. Rajesh Mahajan, ASC (Criminal)
with Ms. Jyoti Babbar, Adv. for the
State.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 14.10.2020 CRL.M.A. No. 14170/2020 (for exemption) Exemption allowed, subject to just exceptions. The application stands disposed of.
W.P. (CRL) 1681/2020 The petitioner, who is an accused in case FIR No. 273/2019 dated 24.06.2019 registered under section 25 of the Arms Act, 1959 at P.S.: IGI Airport, Delhi, seeks quashing of the FIR on the ground that, as is evident from the record, the recovery of 01 (one) live cartridge from his travel bag without a weapon did not amount to 'conscious possession' on his part; and that the bag in which the cartridge was found had been borrowed by him from a friend, when travelling back from Canada to India.
W.P. (CRL) 1681/2020 Page 1 of 22. Mr. Satvinder Singh, learned counsel for the petitioner accordingly submits that based on the settled law on the point, no offence is made- out under section 25 of the Arms Act, 1959; and that the FIR deserves to be quashed.
3. Counsel submits that the petitioner was never arrested in the matter.
4. Issue notice.
5. Mr. Rajesh Mahajan, learned ASC (Criminal) appears for the State on advance copy; accepts notice; and seeks time to file status report.
6. Let status report be filed before the next date, with advance copy to the opposing counsel.
7. List on 22nd December 2020.
ANUP JAIRAM BHAMBHANI, J.
OCTOBER 14, 2020/uj W.P. (CRL) 1681/2020 Page 2 of 2