HC quashes FIR against NYC cop for carrying bullets to India

The Delhi High Court has quashed a FIR lodged against a New York City policeman for having bullets in his possession when he arrived in India in March this year on the ground that he had brought the ammunition here by mistake.

PTI| Last Updated: May 24, 2014, 15:57 PM IST

New Delhi: The Delhi High Court has quashed a FIR lodged against a New York City policeman for having bullets in his possession when he arrived in India in March this year on the ground that he had brought the ammunition here by mistake.

Justice Sunil Gaur quashed the FIR on the ground that 49-year-old Manuel R Manny Encarnacion was "not in conscious possession" of the ammunition which were found in the pocket of the jacket he was wearing when he landed at IGI Airport.
Additional Public Prosecutor Vinod Diwakar, appearing for Delhi police, and advocate Samarjeet Pattnaik representing Encarnacion confirmed that the FIR has been quashed and said the detailed judgement would be available in a couple of days.

Encarnacion, who had come here to visit his wife, had contended that before leaving for India he had gone to the New York Police Department`s (NYPD) firing range and had some bullets in his coat pocket.

He had then packed the coat for the trip, without realising that the bullets were in it, senior advocate Dayan Krishnan, who had appeared for Encarnacion, had argued in court.
They had said that he had accidentally carried the bullets from New York to Delhi.

While the officer had been granted bail, he had been barred from leaving the country till the matter was resolved.

Diwakar, had opposed the NYPD officer`s plea saying charges under the Arms Act for possession of bullets are applicable upon him.