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... PETITIONER
(BY SRI RAVI B. NAIK, SENIOR ADV. FOR
SRI H.N. VASUDEVAN, ADV.)
AND:
1.
STATE OF KARNATAKA
BY INTERNATIONAL AIRPORT POLICE STATION
DEVANAHALLI
REPRESENTED BY ITS
STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
Dr. B.R. AMBEDKAR VEEDHI
BENGALURU 560 001.
2.
... RESPONDENTS
(BY SRI B. VISWESWARAIAH, HCGP FOR R1;
SRI ASHOK NAIK, ADV. FOR R2;
SRI KRISHNA S. DIXIT, AMICUS CURIAE)
THIS CRL.P. IS FILED UNDER S.482 CR.P.C., PRAYING TO
QUASH THE COMPLAINT AND THE FIR DTED 23.4.2015
REGISTERED IN CRIME NO.57/2015 REGISTERED BY THE
AIRPORT POLICE STATION, DEVANAHALLI, BENGALURU RURAL
DISTRICT FOR THE OFFENCE UNDER S.25(1-B)(a)(b) OF THE
ARMS ACT, 1959 PENDING ON THE FILE OF CIVIL JUDGE AND
JMFC, DEVANAHALLI.
THIS CRL.P. HAVING BEEN RESERVED, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
His
Systems
Administrator.
The
petitioner
was
employees
in
Bengaluru
from
15.04.2015
to
23.04.2015.
arrived
Kempegowda
at
International
Airport
on
3.
authorized
to
teach
basic
courses
in
handbag
while
traveling
to
India-Bangalore,
4.
the
petitioner
has
According to the
committed
offences
by
his
able
assistance
I was immensely
which
thankfully
acknowledge.
5.
No.2.
Sri
Krishna
S.Dixit,
advocate
was
6.
possession
without
any
consciousness
of
such
He relied
Singh
Vs.
State
and
another,
Singh
on
Vs
State,
01.12.2014,
W.P.(Crl)
(iii)
No.1169/2014,
Crl.M.C.No.1455/2014,
through
NCT
of
Delhi
and
another,
State
of
BomCR(Cri)154. He
Maharashtra
submitted
and
that
others,
the
long
2012
line
of
with
requisite
mental
element
i.e.,
noticed
supra,
has
been
held
that
mere
for
framing
of
charge.
Learned
Counsel
7.
Learned
advocates
appearing
for
the
8.
S.5
of
the
Terrorist
and
Disruptive
Activities
with
the
requisite
mental
element
i.e.,
10
9.
10.
possession
and
not
mere
custody
without
the
11
possession.
11.
12
12.
on
account
of
the
petitioners
conceded
The
13
possession
of
cartridge,
despite
ballistic
report
trial,
on
the
interpretation
in
the
decision
in
14
Upon hearing both the sides and on perusal of the FIR of this
case, the status report, the material on record and the decision cited, I
find that even if the prosecution case is taken as it is, still it cannot be
said that petitioner was in conscious possession of the recovered three
live cartridges.
14.
15
15.
From
16
the
Airfield
Police
Station,
Bhubaneshwar,
who
registered the FIR for the offence under S.25 of the Act.
To quash the said proceedings, a petition under S.482 was
filed. Considering the rival contentions and while allowing
the petition, it has been held as follows:
17
of
the
present
case
and
considering
the
attending
18
16.
17.
The
petitioner
has
stated
before
the
Deporting Bangalore on
19
Cisco Systems
Salarpuria Hallmark Bldg., A.No.133,
Panatoor Gram Panchayat, Outer Ring Rd.,
Bangalore, Karnataka 560 037.
(underlining is by me)
18.
The said
20
19.
screening
of
the
handbag
at
Kempegowda
20.
21
registered
on
23.04.2015
by
the
first
Security amount of
If any documents
Sd/JUDGE
sac*