The Delhi High Court canceled an FIR against a pilot trainee after a bullet was found in his bag at IGI Airport, ruling it was unknowingly carried. However, the Court fined him Rs 25,000 for carelessness.
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NEW DELHI: The Delhi High Court canceled an FIR against a man after a live bullet was found in his bag during security checking at Indira Gandhi International (IGI) Airport in 2021.
Justice Sanjeev Narula ruled that the accused, Mohd Tarique Rehman, did not knowingly have the bullet in his bag. Instead, it was left there by mistake.
“It appears that the cartridge was inadvertently left in his baggage due to an unintentional oversight. The Petitioner remained unaware of its presence until it was detected by security personnel during screening at the airport. Given these circumstances, it can be reasonably inferred that the Petitioner’s possession of the cartridge does not fall within the ambit of ‘conscious possession,’”
-the Court said.
How The Bullet Ended Up In The Bag
Rehman explained that he had found the bullet near his home and planned to make it into a locket. At the time, he was undergoing pilot training in South Africa and today, he holds a commercial aircraft pilot license.
The Court, in its February 28 judgment, ruled that he did not keep the bullet with any bad intention.
“It is evident that the petitioner had no knowledge of the presence of the ammunition in his baggage. The doctrine of conscious possession requires not only physical possession but also awareness and intent, neither of which are established here. The material on record does not suggest any mens rea or culpable intent on the part of the petitioner, nor does it indicate that the ammunition was carried for any unlawful purpose,”
-it said.
No Firearm Found, No Wrongdoing Under Arms Act
The Court noted that no gun was found with Rehman, and there was no proof that he wanted to use the bullet.
It further ruled that his actions did not fall under the Arms Act and canceled the FIR.
“Given that criminal liability under the Arms Act is stringent and must be construed strictly, the absence of any incriminating circumstances further reinforces the conclusion that the Petitioner does not fall within the mischief sought to be prevented by the statute. Consequently, no offence under Section 25 of the Arms Act is made out against the Petitioner,”
-the Court stated.
Rs 25,000 Fine Imposed For Carelessness
However, the Court fined Rehman Rs 25,000, saying he should have been more careful.
“Since the security agencies are required to treat all such incidents with seriousness, irrespective of intent, the initiation of criminal proceedings was a natural consequence of the lapse on the petitioner’s part. Accordingly, while the FIR is being quashed, this Court deems it appropriate to impose costs on the petitioner, as a measure to serve the ends of justice,”
-it reasoned.
Legal Representation
- Advocate Nishant Gupta represented Rehman.
- Additional Standing Counsel Rupali Bandhopadhya, along with advocates Abhijeet Kumar and Anurag Arora, represented the State.
CASE TITLE:
Mohd Tarique Rehman V:S State of NCT of Delhi
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