$~89 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4710/2026, CRL.M.A. 19682/2026 GAURAV THAKUR .....Petitioner Through: Mr. Satvinder Singh and Mr. Devinder Singh, Advs. with petitioner in person (through VC) versus STATE NCT OF DELHI .....Respondent Through: Mr. Satish Kumar, APP with SI Manoj Kumar, PS: IGI Airport CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 09.07.2026 1. By virtue of the present petition under Section 482 of the Code of Criminal Procedure, 1973, the petitioner seeks quashing of FIR No.104/2017 dated 28.03.2017 registered at PS.: I.G.I. Airport, New Delhi under Sections 25 of the Arms Act, 1959 (Arms Act) and all proceedings emanating therefrom. 2. Succinctly put, as per prosecution one live cartridge (7.62 MM) was recovered from the baggage of the petitioner at I.G.I. Airport, New Delhi on 28.03.2017 while he was travelling from New Delhi to Kabul by Flight RQ46/28-3-17. During interrogation, the petitioner admitted his guilt, however, could not produce any valid licence. 3. As per learned counsel for applicant, the applicant at the time of FIR was working as Static Guard at Camp Dahlke, Logar, Afghanistan, and, while coming to India, he inadvertently brought the said live cartridge with him in his duty rain coat lying in his baggage. Also, on the date of incident, the petitioner in haste carried the said raincoat in his luggage, This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/07/2026 at 15:23:18 without removing the said cartridge. 4. Based thereon, learned counsel for petitioner seeks quashing of the present FIR. 5. Learned APP for State in rebuttal submits that he has no objection to the quashing of the present FIR. 6. Heard. 7. The present is a case wherein only a single live cartridge (7.62 MM) was recovered from the baggage of the petitioner at I.G.I. Airport, New Delhi, while he was travelling to Kabul on 28.03.2017 to join his job, which, considering the prior antecedents of the applicant who is admittedly a first time offender, was by sheer coincidence and without any intention. The same cannot be taken to be a criminal act on his part. In fact, the Hon’ble Supreme Court in Sanjay Dutt vs. State:(1994) 5 SCC 402 has held that ‘possession’ must have a mental element and be accompanied by consciousness/ awareness in order to be culpable. This Court, under similar circumstances, in W.P.(CRL) 2143/2019 entitled ‘Sh. Surinder Kumar @ Surinder Kumar Singh vs. The State of (G.N.C.T. of Delhi) & Anr.; in W.P.(CRL) 1975/2019 entitled ‘Aruna Chaudhary vs. State & Ors.’; and in W.P. (Crl.) 1681/2020 entitled ‘Baljit Fantu vs. State, Govt. of NCT Delhi and Ors.’ quashed similar FIRs therein. 8. Accordingly, in view of the aforesaid, the present petition is allowed, and FIR No.104/2017 dated 28.03.2017 registered at PS.: I.G.I. Airport, New Delhi under Sections 25 of the Arms Act and all proceedings emanating therefrom are hereby quashed. 9. However, since the present FIR was pending for around nine (9) years and the police machinery was put in motion, the petitioner is This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/07/2026 at 15:23:18 directed to deposit costs of Rs.10,000/- (Rupees Ten Thousand Only) with the Delhi High Court Staff Welfare Fund [A/C 15530110074442; IFSC UCBA0001553] within a period of two weeks from today. 10. Needless to say, the petitioner shall also furnish proof of payment of costs before the Registry within a period of one week from the date of such payment. 11. As such, the present petition, alongwith the pending application, is disposed of in the aforesaid terms. SAURABH BANERJEE, J JULY 9, 2026/So This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/07/2026 at 15:23:18