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,