The Delhi High Court has nullified the FIR lodged against an individual under the Arms Act, 1959, yet stipulated a fine of Rs 50,000. Justice Amit Mahajan directed the deposit of this amount into the Delhi Police Welfare Fund and three District Court Bar Associations. Justice Mahajan concluded that there was insufficient evidence to prosecute the accused, Preetpal, under Section 25 of the Arms Act.
The accused was apprehended by police while carrying 14 live cartridges at the entrance of the US Embassy, where he was attending a visa interview. Subsequent investigation revealed that Mr. Singh possessed a valid arms license from Kanpur, permitting him to carry a .32 caliber NPT bore weapon nationwide. The Justice noted the filing of a chargesheet in the case, accompanied by vigorous state action. Considering these factors, Justice Mahajan deemed that levying a fine would serve the interests of justice. Consequently, he annulled the FIR and associated court proceedings against Singh, directing him to pay Rs 50,000.
Of the aforementioned sum, Rs 20,000 is to be allocated to the Delhi Police Welfare Fund, Rs 10,000 to the New Delhi Bar Association (Patiala House Court), Rs 10,000 to the Delhi Bar Association (Tis Hazari District Court), and Rs 10,000 to the Shahdara Bar Association (Karkardooma District Court). The accused contended that he was a reputable businessman who had never misused his weapon and had inadvertently carried the cartridges to the American Embassy. With no substantial evidence against him beyond this instance, he petitioned for the dismissal of the case.
