Updated: August 3, 2022 2:11:17 am
Quashing an FIR related to the recovery of a live bullet from the pocket of a passenger at the Indira Gandhi International Airport, the Delhi High Court has directed the US resident to give mosquito repellant and hand sanitiser to students of government-run schools in the Capital.
Namanpreet S Dhillon had visited India last year to meet his ailing grandmother and to celebrate Diwali with his family. On November 15, 2021, when he was travelling from New Delhi to Chicago, he was found in possession of one piece of ammunition. According to the petition seeking quashing of the FIR registered against him, Dhillon’s uncle had used his licensed weapon in a celebratory firing during Diwali and one of the cartridges inadvertently remained in the pocket of Dhillon’s trouser.
The Delhi High Court said that since the police machinery has been put in motion on account of the “acts of commission and omission” of the petitioner and useful time of the police, which could have been utilised for important matters has been misdirected towards “these petty matters”, he must do some social good for the society.
“The FIR in the present case will be quashed subject to the petitioner providing a kit to each student of a primary school (MCD School or a Government School, comprising minimum of 200 students) consisting of 50ml of Mosquito Repellent and 50 ml of Hand Sanitizer,” said Justice Jasmeet Singh in the order dated July 28.
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“The primary school will be identified by the Ld. APP in consultation with the IO within a period of 5 days and the kit shall be given within a period of 1 week thereafter,” added Justice Singh.
Observing that ‘conscious possession’ is a core ingredient to establish the guilt for offences punishable under the Arms Act, the court said it is evident from the facts that Dhillon was indeed not in conscious possession of the cartridge but rather inadvertently carried it with him during the X-ray scan.
“Unfortunately, the Petitioner wore the same trouser while travelling to the IGI Airport and unintentionally and inadvertently, the cartridge remained in the pocket and the same was detected upon X-Ray at the Departure Hall of the IGI airport,” the court recorded in the order, adding Dhillon’s uncle had a valid arms licence from the district magistrate of Tarn Taran in Punjab.
The court also said that it is apparent that only a single cartridge has been recovered from Dhillon and no other firearm has been recovered from him. “…which makes it clear that the petitioner was not having conscious possession of the live cartridge,” it added.
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