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    Rohit Saraf VS State

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    uzair

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    © All Rights Reserved
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    Rohit Saraf VS State

    Uploaded by

    uzair
    20 views5 pages

    Original Title

    ROHIT SARAF VS STATE

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    20 views5 pages

    Rohit Saraf VS State

    Uploaded by

    uzair

    Copyright:

    © All Rights Reserved
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    BEFORE THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI

    WP (CRL.) No. 2021

    IN THE MATTER OF:

    ROHIT SARAF …PETITIONER

    VERSUS

    STATE, NCT OF DELHI …RESPONDENT

    PETITION UNDER ARICLE 226 OF THE CONSTITUTION OF INDIA

    SEEKING NECESSARY DIRECTIONS FROM THIS HON’BLE

    COURT TO QUASH FIR BEARING NO. 54 OF 2019 DATED

    11.02.2019 REGISTERED AT POLICE STATION I.G.I AIRPORT,

    NEW DELHI UNDER SECTION 25 OF THE ARMS ACT, 1959

    AND ALSO

    PRAYING TO THIS HON’BLE COURT TO PASS ANY OTHER

    ORDER(S) AND DIRECTION(S) AS THIS HON’BLE COURT MAY

    DEEM FIT AND PROPER IN THE FACTS AND CIRCUMSTANCES

    OF THE CASE

    MOST RESPECTFULLY SHOWETH:

    That, the present Petition is being filed and preferred by the

    Petitioner, seeking necessary orders and directions from this Hon’ble

    Court to quash the present F.I.R. bearing No. 54 of 2019, dated

    11.02.2019, registered at Police Station I.G.I Airport, New Delhi

    under section 25 of the Arms Act, 1959. True and correct copy of the

    FIR bearing No.54 of 2019; dated 11.02.2019, PS IGI Airport under

    Section 25 of the Arms Act, 1959 is annexed herewith as

    ANNEXURE-A. Inter alia, the allegations levelled in the written

    complaint against the Petitioner are as under:


    i. That, the Petitioner mentioned herein was travelling from

    Delhi to Bhuvneshwar by Indigo Airlines, flight No 6E-2211 on

    11. 02. 2019. During the scanning of the baggage for security

    at 1514 hours, an image of bag under tag number 6E-545164

    was appeared at level-2 and the same was then sent for

    physical searches suspicion of ammunition. During, the

    physical search of the baggage at 1525 hours at the Airport, it

    was found that the bag belonged to the Petitioner.

    ii. That, 10 ammunitions (32mm) were found in the baggage

    which belonged to the petitioner and at that time the petitioner

    was not in the possession of the valid documents for the

    ammunitions.

    iii. That owing to inability of the Petitioner to produce the

    documents for the carriage of the above-mentioned

    ammunition, respondent herein filed an FIR U/S 25 of the

    Arms Act on 11.02. 2019 P.S. I.G.I. Airport, New Delhi.

    BEFORE ADVERTING TO THE REASONS FOR FILING THE

    PRESENT PETITION FOR QUASHING OF THE FIR BEFORE THIS

    HON’BLE COURT, THE PETITIONER HAVE BEEN ADVISED TO

    STATE CERTAIN TRUE AND CORRECT FACTS LEADING TO THE

    FILING OF THE PRESENT PETITION BEFORE THIS HON’BLE

    COURT:

    1. That, the Petitioner is a businessman by profession and is engaged

    in various businesses including business of hydro and is also one of

    India’s largest manufacturer of steel and stainless steel etc. The

    family of the Petitioner is one of repute and reverence in the society

    at large and the Petitioner is known for his impeccable image and

    repute.
    2. That, father of the Petitioner namely Sh. Narayan Das Saraf who

    was a renowned businessman had during his lifetime purchased two

    licensed arms; i.e. one revolver .32 bore No. A98190 make Webley

    and Scott and one .30 bore Rifle No. 19556 since many years. Sh.

    Narayan Das Saraf left for his heavenly abode on 17.05.2017. True

    and correct copy of the death certificate of Late Sh. Narayan Das

    Saraf is annexed herewith as ANNEXURE-B.

    3. That, upon the death of Late Sh. Narayan Das Saraf, the legal

    heirs of the Sh. Narayan Das Saraf on 06.11.2017 surrendered the

    abovementioned licensed arms with the SHO, PS Tumsar, Thane,

    Maharashtra pursuant to the directions from the Ld. Additional

    District Magistrate vide order dated 10.10.2017. True and correct

    copy of the letter dated 06.11.2017 whereby the elder brother of the

    Petitioner submitted the licensed arms of Late Sh. Narayan Das Saraf

    with PS Tumsar, Thane, Maharashtra is annexed herewith as

    ANNEXURE-C. True and correct copy of order dated 10.10.2017

    passed by the Ld. Additional District Magistrate along with its true

    typed copy is annexed herewith as ANNEXURE-D.

    4. That, as is expected of a prudent man and family, upon the death

    of Late Sh. Narayan Das Saraf, the licensed arms were duly

    deposited without any delay but inadvertently, without the

    knowledge

    4.

    vide the petitioner carrying the baggage belonged to his late father

    and the petitioner had no knowledge about the ammunition which

    was found in the baggage.


    4. That the petitioner had submitted the licensed gun which

    belonged to his late father in Tumsar Police Station, Maharastra after

    the demise of his father. True and correct copy of the receipt is

    annexed herewith as ANNEXURE-

    5. That the father of the petitioner died in the year 2017 and the

    petitioner submitted the licensed revolver in the police station in the

    same year

    6. That the gun was a 32mm licensed revolver which was owned by

    the late father of the petitioner. True and correct copy of the license

    is annexed herewith as ANNEXURE-

    HENCE, FEELING AGGRIEVED BY INVESTIGATION IN THE

    PRESENT FIR BEARING NO. 54 OF 2019, DATED 11.02.2019

    REGISTERED AT POLICE STATION I.G.I. AIRPORT, THE

    PETITIONER HEREIN IS PREFERRING THE PRESENT PETITION

    BEFORE THIS HON’BLE COURT FOR QUASHING OF THE

    IMPUGNED FIR AND ITS CONSEQUENTIAL PROCEEDINGS

    THERETO.

    GROUNDS FOR QUASHING:

    A. BECAUSE, it is respectfully submitted that the registration of

    the present FIR bearing no. 54 of 2019, dated 11.02.2019,

    registered at Police Station I.G.I. Airport, Delhi under section

    25 of the Arms Acts, 1959 was lodged against the Petitioner on

    account of false, frivolous and vague allegations to file the

    present Quashing Petition before this Hon’ble Court under


    Article 226 of the Constitution of India r/w Section 482 of the

    Cr.P.C for quashing the FIR registered against the Petitioner.

    B. BECAUSE,

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