The Delhi High Court has set aside an FIR registered against an Agniveer of the Indian Army after a single live cartridge was recovered from his baggage during a Delhi–Kolkata flight journey.

Justice Amit Mahajan held that the incident reflected an inadvertent lapse and that “mere custody, without knowledge, does not constitute an offence under the Arms Act.” The FIR had been registered by IGI Airport Police under Section 25 of the Arms Act, 1959, following the discovery of one 5.56 mm INSAS rifle round.

The petitioner explained he was serving in Jammu in a counter-insurgency unit and was issued ammunition and magazines for guard and operational duties. The recovery of the cartridge was unintentional, left in his bag after duty. Police verified his claim with the Major Quartermaster of his unit.

While examining Section 25, the Court clarified that ‘possession’ under the Arms Act requires a mental element of conscious knowledge. “It is not a weapon but a single rifle round. The petitioner’s explanation is plausible. The State has not suggested conscious possession or mens rea,” the Court observed.

The bench also highlighted Section 45(d) of the Arms Act, which excludes liability for possession of minor parts of arms or ammunition not intended for use with complementary parts. Considering this, the Court quashed the FIR and ordered the Investigating Officer to return the seized cartridge to the petitioner.

Appearance: Mr. Kshitij Gaur, Advocate for Petitioner; Mr. Sanjay Lao, SC (Crl.) for State, with Priyam Agarwal & Mr. Abhinav Kr. Arya, Advocates, assisted by W/SI Jyoti Singh, PS IGI Airport.

Case Title: Ritesh v. State
Case No.: W.P.(CRL) 2680/2025