Delhi High Court: <\/strong>Deciding a matter of whether an NRI person in possession of two live ammunitions with a valid license can be registered under Section 25 of Arms Act or not, Asha Menon, J., held that, prima facie no malafide intent was found and the licence found was a valid arms licence.<\/p>\n A petition was filed for quashing an FIR under Section 25 of the Arms Act, 1959 registered at IGI Airport, Delhi.<\/p>\n Submission of petitioner\u2019s counsel was that he was a Non-Resident Indian (NRI) and travelling from Delhi to Dubai when two live ammunitions were detected in his check-in-baggage. It was found that he had a valid licence.<\/p>\n Prosecution alleged that he was not in conscious possession of the cartridges.<\/p>\n Analysis, Law and Decision<\/span><\/p>\n High Court cited the decisions of this Court in Davinder Singh Dhindsa v. State (NCT of Delhi), <\/em>2019 SCC OnLine Del 7895<\/a>, Jasbir Chahal v. State, <\/em>2018 SCC OnLine Del 8839<\/a> and Dhanwant Kaur v. State<\/em>, 2016 SCC OnLine Del 5492<\/a>, where 1 or 2 live cartridges have been found in the possession of the accused, have taken a view that mens rea <\/em>or mala fide<\/em> intention must be present supporting a \u201cconscious possession plea\u201d of the prosecution and in the absence of any such evidence, even prima facie, <\/em>there would be no reason to deny the relief to the petitioner.<\/p>\n Bench found a valid arms licence in the possession of the petitioner and the bullets recovered were relatable to the licensed weapon.<\/p>\n\n
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