'No Conscious Possesion': Delhi High Court Quashes FIR Against Man Who Carried Father's Cartridges From 1971 Indo-Pak War

The Delhi High Court has quashed an FIR registered under the Arms Act against a man who unknowingly carried cartridges belonging to his late father who served in the Indian Army in the Indo-Pak War in 1971, terming it “no conscious possession.”

Justice Neena Bansal Krishna said there was no criminal intent on his part, that the presence of the cartridges was without his knowledge and he did not have the requisite men rea.

“It is thus, held that the possession of cartridges was not conscious possession and does not disclose commission of any offence punishable under Section 25 Arms Act, 1959,” the Court said.

The man approached the Court seeking quashing of the FIR registered at IGI Airport police station under Section 25 of the Arms Act, 1959.

The man was travelling from New Delhi to Mumbai and upon screening of his baggage, three undeclared ammunition were recovered. He said that his father collected ammunitions and kept as memoirs of his participating in the Indo-Pak war and the same were lying in his personal belongings.

It was his case that he had no knowledge of the said live cartridges, which were kept at his house in Punjabi Bagh. He said that he carried the packet containing the I-Card, Service Book, CSD Card of his late father but was not aware about the live cartridges kept in the same, along with the medals.

He contended that he was unaware of the live cartridges in the bag which he supposed to be in the possession of his late father who was a decorated military officer and kept all the belongings of his late father in the brief case while moving to Mumbai.

Quashing the FIR, the Court said even single ammunition recovered from the possession of a person amounts to recovery of ammunition but the said possession has to be conscious to impute any culpability.

“The ammunition belonged to his late father who served in the Indian Army in the Indo-Pak War in 1971. Thus, due to an oversight, the Petitioner failed to thoroughly check the packets before packing his bags. These obsolete cartridges remained unnoticed in the suitcase, ultimately leading to the present case,” the Court noted.

It added: “The circumstances as explained by the Petitioner, clearly establish that there was no criminal intent on his part. It can be inferred that presence of the cartridges was without the knowledge of the Petitioner and he did not have the requisite men rea.”

Title: HARJEET SINGH TALWAR v. STATE NCT OF DELHI

Citation: 2025 LiveLaw (Del) 1006

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