• Got arrested in airport with a gun

Sir 
My sister get arrested in an airport today morning when she traveling from ranchi to kolkata, she is saying one of her friend who continuously disturbing to get into relationship what should i do to help my sister from this matter
Asked 7 years ago in Criminal Law
Religion: Hindu

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6 Answers

1) weapons—including firearms, firearm parts and ammunition—are not permitted in carry-on bags.

2) gun would be confiscated

3) you have not mentioned whether your sister had any license to carry the gun or not

4) your sister would be charged under section 25, 27 of arms act

5) it i punishable with imprisonment for not less than 3 years and with fine

6) contact a local lawyer and apply for bail

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

1)weapon belongs to her boy friend?

2) did he place the weapon in her baggage?

3) she should in her statement mention that boy friend must have planted the weapon in her baggage and she was not aware of the same

4) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

Whether she carried a gun with her while travelling by air?

Under the provisions of section 37 of the Arms Act, 1959;

any person arrested and any arms or ammunition seized under this Act by a person not being a magistrate or a police officer shall be delivered without delay to the officer in charge of the nearest police station and that officer shall- (i) either release that person on his executing a bond with or without sureties to appear before a magistrate and keep the things seized in his custody till the appearance of that person before the magistrate, or; (ii) should that person fail to execute the bond and to furnish, if so required, sufficient sureties, procedure that person and those things without delay before the magistrate.

It is a non-bailable offence.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

she is saying the her boyfriend is done last night she was with him in his friend flat and now she is in police station she cought in ranchi airport during checking sir what sshould we do right now that the get caught the weapon is desi cutta

She has to first get herself enlarged on bail and the challenge the case in court on the basis of merits in her side.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

1.Now nothing can be done except to take bail for her first.

2.The complicity of her boy friend would be believed by court.

3.if you sahre the FIR then I may help further.

For further assistance feel free to contact.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

1. Your sister has to apply for bail to the magistrate when she is produced before him, which may be rejected and she may be remanded to police custody for interrogation. Entering with a weapon in an airport is a serious offence, hence her bail application may in all likelihood be disallowed by the magistrate and sessions judge. She should be prepared to move the HC for bail.

2. The priority should be to bring her out on bail.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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