Delhi High Court on Quashing of FIR under the Arms Act: Lack of Conscious Possession Not an Offence.

Headnote:

The Delhi High Court quashed an FIR registered under Section 25 of the Arms Act, 1959, against a U.S. citizen found carrying nine live cartridges in his luggage at IGI Airport. The Court held that mere possession of ammunition without knowledge or conscious control does not constitute an offence under the Arms Act. Since the cartridges belonged to the petitioner’s father, a licensed firearm holder, and were carried inadvertently, the Court found the continuation of proceedings to be an abuse of process of law.

Background:

1. The petitioner, a U.S. citizen serving in the U.S. Army, travelled from Delhi to New York on 22.02.2024 when nine live .32 calibre cartridges were found in his checked baggage during screening at IGI Airport.
2. He was not carrying any firearm or licence. FIR No. 156/2024 was registered under Section 25 of the Arms Act.
3. The petitioner contended that the cartridges belonged to his father, a licensed gun holder, who inadvertently left them in a bag handed over to the petitioner. The arms licence was valid till 2026 and verified by authorities.
4. The petitioner argued that he lacked knowledge and intention to possess the ammunition and sought quashing of FIR under Section 482 Cr.P.C.

Court’s Observations:

1. The Court referred to Sanjay Dutt v. State (1994) 5 SCC 402 and Gunwant Lal v. State of M.P. (1972) 2 SCC 194, emphasizing that “possession” under Section 25 of the Arms Act requires conscious possession—possession with awareness and control, not mere custody.
2. Reliance was placed on Adhiraj Singh Yadav v. State (W.P.(Crl.) 754/2020) and similar Delhi High Court precedents where inadvertent or unconscious possession was held insufficient to attract criminal liability.
3. The Court observed that the petitioner’s explanation was consistent, and the father’s valid licence supported the claim of inadvertent carriage.
4. It noted that no evidence suggested mala fide intent or deliberate concealment by the petitioner.

Legal Provisions Discussed:

1. Section 25, Arms Act, 1959 – Punishment for possession of arms or ammunition without licence.
2. Section 482, Code of Criminal Procedure, 1973 – Inherent powers of the High Court to prevent abuse of process of law.
3. Article 21, Constitution of India – Protection of life and personal liberty.

Decision:

1. FIR No. 156/2024 registered at PS IGI Airport under Section 25 of the Arms Act, 1959, and all proceedings arising therefrom were quashed.
2. The Court held that the petitioner had adequately explained the inadvertent possession of cartridges and that continuing the prosecution would serve no useful purpose.
3. Petition allowed; no order as to costs.

Citation: 2025:DEL:72711

Case: Harmanjeet Singh v. State of NCT of Delhi

Court: High Court of Delhi at New Delhi

Coram: Hon’ble Mr. Justice Ravinder Dudeja

Date of Decision: 07 November 2025

CRL.M.C. No.: 8338 of 2024