Arms Act, 1959
Section 30—Recovery of seven rounds of live cartridges—Petition to quash FIR—Cartridges were from the bag of petitioner—Petitioner claims that he was not in ‘conscious possession’ of the cartridges and mere custody without awareness of the nature of such possession does not amount to any offence under the Arms Act—Petitioner was not in conscious possession of the cartridges—Petitioner has a valid arms licence which has been duly verified—It could very well be that the petitioner due to oversight and inadvertence carried cartridges in his bag—Ingredients of Section 30 of the Arms Act are not made out—FIR quashed. [Criminal Procedure Code, 1973, Section 482]
[Paras 10 & 11]