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Kedar Devidas Hiraman vs. State of N.C.T. of Delhi and Anr.

Writ Petition (Criminal) · 2026:DHC:8088Decided 17 Sept 2026New Delhi Bench
W.P.(CRL) 2526/2025CNR: DLHC010569002025
Justice Purushaindra Kumar Kaurav

Background

An Indian Army soldier travelling from his posting to visit his hospitalised wife found, upon reaching IGI Airport, that a spare rifle magazine and five live cartridges from his duty had inadvertently remained in his bag. In a panic, he discarded them in an airport dustbin, which was caught on CCTV, leading to an FIR under the Arms Act. He cooperated fully once contacted by investigators.

Decision Breakdown

The Court quashed the FIR, relying on Supreme Court precedent that "possession" under the Arms Act requires a conscious, knowing element: someone who unknowingly and inadvertently carries ammunition, without any intent to unlawfully possess it, has not committed the offence. Since the soldier was lawfully entitled to carry the items in the course of his duty, had no criminal record, and discarded them the moment he realised his mistake (rather than trying to smuggle them through), the Court found his conduct was an honest oversight, not a crime.

Lesson Learnt

Not every technical violation involving weapons or ammunition is a crime: the law requires proof that a person knowingly and consciously possessed the item; a genuine, inadvertent oversight, especially one voluntarily corrected, will not sustain criminal liability.

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