Arms Act, 1959
Section 25—Recovery of one live cartridge—Petition to quash FIR—One ammunition i.e. one live cartridge was recovered from the baggage of petitioner on physical search—Circumstances in which the cartridge was recovered from his possession have been explained by the petitioner—It is evident that the recovery of a solitary cartridge from the toiletry bag of the petitioner about which, he was not conscious as is explained by him, cannot be said to be in his conscious possession and it has to be held that he has not committed an offence punishable under Section 25 of the Arms Act—FIR and all consequent proceedings emanating therefrom are quashed—Petition allowed.
[Paras 31 & 32]