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The Bombay High Court on Wednesday quashed the proceedings arising out of a case registered against a woman under Sections 3 and 25 of the Indian Arms Act, 1959 who during her security check at the Mumbai Airport was found to be carrying one live cartridge in her hand baggage.

While quashing the proceedings, a bench of Justice Milind N Jadhav and Justice SS Shinde said,

"...we are of the considered opinion that possession of the live cartridge in the hand bag of the Petitioner could not be to mean that she was in conscious possession of the live cartridge and further in the absence of recovery of the firearm/weapon, the benefit of doubt needs to be given to the Petitioner in the facts and circumstances of the present case."

Dr. Leena Ashay Nandeshwar had planned a tour in December to Kochi along with her husband and children; flight tickets from Mumbai to Kochi were booked and during the security check at the Airport one live cartridge was detected and recovered from the hand baggage by ASI Daya Ram Meena while screening.

Dr. Leena was directed to open her bag and officers found one "K.F." and "32S&WL" live cartridge. She informed the security that she had no knowledge as to how the alleged live cartridge was found in her bag as she had no arms licence for holding any weapon.

In her defence, Dr. Leena put forth a theory before the police stating that she was a resident of Sangli and adjacent to her residence was a police centre and firing range and the alleged bullet may have been found and picked up by her minor daughter who could have carried it to her house and kept in her handbag. 

High Court on the perusal of chargesheet noted that the investigation had been completed from all possible angles.

"...for the applicability of the provisions of section 3 of the said Act possession of the live cartridge needs to be established as being in "conscious possession" of the Petitioner and that the Petitioner had knowledge of the same being carried in her handbag", further noted the High Court.

Noting that Dr. Leena herself came to know about the presence of the live cartridge in her bag only when it was detected during screening, Court observed that the term "possession" used in sections 3 and 25 of the said Act referred to "conscious possession" and not unconscious possession or inadvertent possession" or possession which is not to the knowledge of the person.

"On the perusal of the chargesheet, it is seen that there is no other material or evidence collected by the prosecution so as to indict the Petitioner of having "conscious possession" of the live cartridge. That apart, it is reiterated that only the live cartridge having been found, there was no recovery of any weapon or any firearm from the baggage of the Petitioner...", remarked the Court while quashing the criminal proceedings.

Case Title: Mrs. Dr. Leena Ashay Nandeshwar vs. The State of Maharashtra and Ors.