The Bombay High Court has discharged Israeli national Nurit Toker (22) who was booked by the Mumbai police after two live cartridges were found in her baggage while she was travelling from Mumbai to Kathmandu.
It is well established position,in law,that conscious possession is the core ingredient to establish the guilt for offence under Sections 3,25 of the Arms Act, Justices A M Khanwilkar and R G Ketkar observed. They accepted the report submitted by the Assistant Commissioner of Police that stated there was no sufficient material to file chargesheet against the petitioner as it was not a case of conscious possession of the two live cartridges found from her baggage.
The court set aside the order of the magistrate rejecting the police report and asked the authorities to return Tokers passport.
Toker,who completed her three-year military training on October 10,had come to India for a holiday. Toker stated in her petition that she carried the cartridges that are compatible with her M-16 assault rifle that she had acquired during her military training,in her bag by mistake. She had,however,not carried the rifle.
Her counsel Niteen Pradhan had earlier told the court that no objection was raised against the cartridges when she flew out of Israel on October 26 or when she landed in Mumbai a day later. It is only on October 28,while Toker was about to board a Jet Airways flight to Kathmandu,that the CISF intercepted her.
Granting relief to Toker,the court observed,There is no reason to doubt the opinion of the investigating officer that there was no sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a magistrate,as it was not a case of conscious possession of two live cartridges recovered from the baggage of the petitioner.