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A policeman from the New York City Police Department (NYPD), arrested at the Delhi airport in March for allegedly carrying three bullets in his luggage, has been let off by the Delhi High Court, which observed that he was not aware of the presence of the bullets in his baggage.
Manuel ‘Manny’ Encarnacion was arrested under the Arms Act for allegedly carrying live bullets in his baggage, soon after the diplomatic spat between India and US over the arrest of an Indian diplomat.
Manuel had approached the High Court with a plea to quash the FIR registered against him, claiming that he had not been in conscious possession of the bullets. He was granted bail soon after his arrest, but his passport had been impounded. During arguments before the court of Justice Sunil Gaur, Encarnacion’s lawyers argued that he had attended an official shooting training the day before his departure from New York to New Delhi and had packed his jacket in his luggage without being aware that the bullets were still in its pocket.
The court initially adjourned the hearing in the case to July, but later agreed to hear the plea earlier on the ground that Manuel could not be away from work for long.
Additional public prosecutor Vinod Diwakar had opposed the plea, arguing that the petition was premature and the facts of the case should be established during trial.
Senior advocate Dayan Krishnan and advocate Samarjeet Pattnaikk, in their arguments, however told the court that Manuel was not carrying any weapon with the bullets.
According to Manuel’s lawyers, the court, in its order on Friday, accepted that he had “not been in conscious possession” of the bullets. The detailed judgment is expected to be released soon.
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