TMI Blog2023 (8) TMI 865X X X X Extracts X X X X X X X X Extracts X X X X ..... most of such students are dependent upon their parents. This is more so when the parents are also involved in the same activity, like in the present circumstances, where the father of the petitioner is himself a shooter. Considering the state of affairs involved, this Court is of the view that like any other student, the petitioner would have been busy in her studies and like any other sportsperson, she would also have been busy with her shooting practices and therefore her father filled in for making all arrangements qua procuring arms and ammunitions for her shooting practices/ competitions. This Court is of the view that the case against the petitioner is based on assumption and presumption, which is neither sufficient for registration of a complaint against her nor for issuance of the impugned summoning order. The overall facts hereinabove lead to the conclusion that the petitioner is being wrongly prosecuted for the alleged offences committed by her father, only on the pretext that her father was in possession of her License at the time of seizure and had allegedly utilized the same for procuring arms, without any specific allegation(s) against her. It is difficult for t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be arriving at Terminal-3, IGI Airport, New Delhi, carrying prohibited items by way of concealment either in their hand/checked-in baggage or on person to try to smuggle the same without declaring before the Customs and without payment of customs duty leviable thereon. Further, the father of the petitioner utilized the petitioner s Arms and Ammunition License [License] issued by the Delhi Police and the Renowned Shooter Certificate issued by the National Rifle Association of India [NRAI] for importing weapons using bogus Invoices and by suppressing the true value and description of the weapons, and without the recommendation of NRAI. 3. In the proceedings before the Senior Intelligence Officer, DRI, the petitioner in her statement under Section 108 of the Act, recorded on 20.06.2017 submitted that on the date of incident i.e., 29.04.2017, she was not in Delhi and was at Gujarat National Law University, Gandhinagar, Gujarat [where she was studying at that point of time]. She further stated that she never ordered any import of arms as it was her father who procures them on her behalf. She further submitted that as she was only concerned with the shooting competitions, and all ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 108 of the Act is cogent and legal and can solely lead to conviction. 7. This Court has heard and deliberated upon the submissions advanced by both the learned counsel for the petitioner and the learned Senior Standing Counsel for DRI and has perused the documents on record. 8. Considering the factual matrix involved and the arguments addressed, this Court is primarily concerned qua the legal issue of maintainability of the petition in the present form and also if the petitioner, under the given circumstances, can be made liable for the alleged offences as per the complaint. 9. Qua the sole legal issue of maintainability of the present petition, it is pertinent to note that the powers under Section 482 Cr.P.C. are not powers conferred by the statute but are powers saved thereunder, and thus the remedy of revision being available cannot itself be construed to bar the jurisdiction of this Court in terms of Section 482 Cr.P.C. [ Re.: Dhariwal Tobacco Products Ltd. vs. State of Maharashtra (2009) 2 SCC 370, Som Mittal vs. Govt. of Karnataka (2008) 3 SCC 574, Adalat Prasad vs. Rooplal Jindal (2004) 7 SCC 338 and N.K. Sharma v. Abhimanyu (2005) 13 SCC 213]. In view of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d or imported. Q: How many arms and ammunition do you possess? Ans : I am not exactly aware how many arms I have as my father keeps track of all the paper work and arms and ammunitions. I am only concerned with the shooting competitions, he can better explain about arms and ammunition in my license and those found in my house during the search on 29.4.2017 Q; Please tell me the cost of the pistols being owned and used by you? Ans: My father buys the weapons for me so I have no knowledge regarding the same. Q: For how many arms and ammunitions have you applied for import permit from NRAI? Ans : My father deals with application for arms and ammunition needed for my sport from NRAI and Licensing Authority. I have no knowledge regarding the same 13. It is the general practice in most, if not all, Indian families that a student studying in School/ College/ University and that too when it happens to be in another State/Country, it is the family, primarily the parents, who play the augment role to support and fill in for them. It is a matter of common knowledge that most of such students are dependent upon their parents. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ged offences. The relevant extract of the report of DRI is as under:- 19.8: Role of Disha Langan: On enquiry she was found to be a genuine shooter and was not found directly involved with the syndicate but she had allowed her license to be used by her father Anil Kumar Langan for import of firearms through baggage in her name using bogus invoices to suppress the true value of the arms so imported as listed in Table-XX in para 27.2 of the said show cause notice. 18. This shows that while DRI in its complaint stated that the petitioner allowed her License to be used by her father for importing arms in her name, however, in the report seeking sanction for prosecuting the petitioner, it is stated that was not found directly involved with the syndicate . 19. Resultantly and based on the aforesaid existing position as on date, in the opinion of this Court, there were no sufficient grounds for the learned Chief Metropolitan Magistrate to issue summons under Section 204, Cr.P.C. against the petitioner, more so, whence there has/ have to be sufficient grounds for proceeding because doing so tantamounts to setting into motion the whole criminal process which requir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Magistrate to apply his mind to see whether on the basis of the allegations made and the evidence, a prima facie case for taking cognizance and summoning the accused is made out or not. This Court explained the reasoning behind this exemption in National Small Industries Corporation Limited v. State (NCT of Delhi): 12. The object of Section 200 of the Code requiring the complainant and the witnesses to be examined, is to find out whether there are sufficient grounds for proceeding against the accused and to prevent issue of process on complaints which are false or vexatious or intended to harass the persons arrayed as accused. (See Nirmaljit Singh Hoon v. State of W.B. ) Where the complainant is a public servant or court, clause (a) of the proviso to Section 200 of the Code raises an implied statutory presumption that the complaint has been made responsibly and bona fide and not falsely or vexatiously. On account of such implied presumption, where the complainant is a public servant, the statute exempts examination of the complainant and the witnesses, before issuing process. 39. The issue of process resulting in summons is a judicial process that carries with it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e present petition is allowed and the Criminal Complaint No. 14924/2018 filed by the DRI for offences punishable under Sections 132 and 135(1)(a) and (b) of The Customs Act, 1962 pending in the Court of the learned Chief Metropolitan Magistrate, Patiala House Court, New Delhi is quashed against the petitioner herein. Consequently, order dated 22.10.2018 and all the other proceedings emanating from the said complaint also stand quashed qua the petitioner. 26. Needless to state, observations, if any, made by this Court on the merits of the matter, have only been made for the purposes of deciding the present petition filed by the petitioner, and hence, such observations shall not be construed as expressions on merits of the matter. 27. It is further clarified that the proceedings in Criminal Complaint No.14924/2018 against the remaining accused persons shall continue in accordance with law. 28. The petition alongwith the pending application stands disposed of. -------------- Notes: 1. Section 204: Issue of process. ( 1) If in the opinion of a Magistrate taking cognizance of an offence there is sufficient ground for proceeding, and the case appears ..... X X X X Extracts X X X X X X X X Extracts X X X X
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