Quashing an FIR registered against him in March 2019 following the recovery of a live bullet from his bag, the Delhi High Court has directed a government teacher to give extra classes for two hours each working day for a month to academically weak students in the school where he currently is posted.
“A copy of this order be sent to the Directorate of Education to ensure that weak students in primary classes are identified in the neighbourhood. The principal of the school is also requested to ensure that a classroom is available for doing the needful while following all Covid protocols and norms,” said Justice Jasmeet Singh in the order.
The Delhi resident was travelling from Delhi to Ranchi on March 23, 2019, when during the security check at the IGI Airport, a single cartridge was found in his bag. Since he could not produce any valid documents for the ammunition, police booked him under the Arms Act.
The accused challenged the FIR before the court this month, stating that he found the cartridge on a road when he was studying in a school at Chamoli, Uttarakhand in 2008-2009, and it seemed to him that the bullet was not a live one and was of no use, therefore he kept it with him in his almirah.
“The said cartridge, unintentionally, ended up in his baggage along with his clothes and was later on detected at the airport,” his counsel told the court.
Observing that the element of ‘conscious possession’ is a core ingredient for prosecuting the possessor under the Arms Act, Justice Singh said it is apparent that only a single cartridge was recovered from the petitioner and no other firm arm was recovered. “…which makes it evident that the petitioner was not having conscious possession of the live cartridge,” said the bench.
The court said it was a fit case for quashing the FIR as it was “due to a mere oversight that the live ammunition remained in his bag”, and that the accused was not carrying it intentionally. However, the court said since useful time of police has been consumed which could have been better utilised for important matters, the petitioner must do some social good for society.
Directing the petitioner to give extra classes for a month in his school, the court said the investigating officer and the principal shall ensure that the classes take place. “The petitioner will place on record a compliance report within 45 days of passing of this order and the IO will verify the factum of the compliance,” said the court, while listing the matter for compliance on November 16.