Karnataka High Court Quashes Arms Act Case Against Man Flying From Mysuru To Chennai With Live Bullets In Carry-On Luggage

The Karnataka High Court has quashed a case registered under the Arms Act against a man who was flying from Mysuru to Chennai, with seven live bullets in his luggage, without any weapon.

A single-judge bench of Justice Hemant Chandangoudar allowed the petition filed by Dr Jonathan Jaideep and quashed the case registered against him under Section 25(1-B)(a) of the Arms Act.

It was alleged that on 26.12.2021, Indigo Airlines staff at Mysore Airport filed a complaint stating that at the time of checking the baggage of the petitioner, who was flying from Mysuru to Chennai, it was discovered by the airline officials that the shaving kit contained seven live bullets which were being carried without any weapon.

The bench referred to the coordinate bench judgment in Crl.P No.8575/2018 (dd 12.7.2022), wherein at para-8 it is held as follows:

Section 45(d) of the Arms Act, specifies that the Act shall not apply to the acquisition, possession or carrying by a person of minor parts of arms or ammunition which are not intended to be used along with complementary parts acquired or possession by that or any other person. Hence, Section 45(d) clearly specifies that in the absence of complementary parts i.e., pistol or revolver, mere possession of the live cartridges will not attract the provision contained in the Arms Act, 1959.”

Thus it held that  “The petitioner was found in possession of seven live bullets without any complementary parts i.e. pistol or revolver. Therefore, the prosecution of the petitioner under the provisions of the Arms Act is impermissible.”

Accordingly, it allowed the petition.

Appearance: Advocate Somyajit Mohanty for Advocate L Srinivas for petitioner.

HCGP Venkatsathyanarayan A for R1.

Citation No: 2023 LiveLaw (Kar) 466

Case Title: Dr Jonathan Jaideep AND State of Karnataka & ANR

Case No: WRIT PETITION NO. 14289 OF 2023

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