"The court, after careful scrutiny of the evidence, does not see any evidence showing culpability of accused... It can be said that accused never intended to use the cartridge for any illegal purpose but kept the same for using it as a key ring. Accordingly the accused is acquitted for the offence charged for," Metropolitan Magistrate Pankaj Sharma said.
A Delhi court has spared a man the jail term for carrying a live cartridge in the form of a key ring in his luggage at the domestic wing of Indira Gandhi International Airport here, saying he did not intend to use it for any unlawful purpose.
The court, while acquitting the man, also said that no firearm was recovered from his possession and culpability of the accused has not been proved.
"The court, after careful scrutiny of the evidence, does not see any evidence showing culpability of accused... It can be said that accused never intended to use the cartridge for any illegal purpose but kept the same for using it as a key ring. Accordingly the accused is acquitted for the offence charged for," Metropolitan Magistrate Pankaj Sharma said.
The magistrate also said that the prosecution could not show if he meant to use it illegally.
"Further, nowhere in the examination of witnesses it has come that the accused intended to use that cartridge for any illegal purpose. Also no arm has been recovered from him of which the cartridge can be used. A person cannot use cartridge without any arm. No recovery of any arm or revolver has been effected from the accused," the court said.
The accused was arrested by the airport authorities in 2013 after a security officer of Indigo airlines at the IGI airport here lodged a complaint against him.
The accused man, a Punjab native, was charged of offences under section 25 of Arms Act.
According to the prosecution, on October 6, 2013 at Terminal 1D of the domestic airport, one live cartridge of 50AE was found from the baggage of the accused without any licence in contravention of
Section 3 of Arms Act, 1959 and therefore he was charged for the above-mentioned offence.
In his testimony, the security officer of the airlines said he was informed by DIAL securities that a suspicious object was detected from the baggage of the accused. He reached the boarding gate and stopped the passenger.
When his check-in baggage was inspected by DIAL security, the bullet was recovered from him, after which the officer made a complaint to police.
The accused had pleaded not guilty and claimed trial.
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