Child should not be held accountable for her father's actions, said Delhi HC while quashing customs case against woman shooter

Child should not be held accountable for her father's actions, said Delhi HC while quashing customs case against woman shooter

Recently, the Delhi High Court quashes criminal complaint filed under customs law against a 26-year national-level shooter. Her father had allegedly misused her license in importing firearms.

The court ruled that she should not be held accountable for her father's actions.

Further, the Court said that there is no apparent case against the petitioner, Disha Langan, under the provisions of the Customs Act.

The allegations against her lack the necessary elements to support the charges.

Additionally, it was emphasized that no assumption can be made that she had knowledge of her father's alleged offenses.

The single-headed bench of Justice Saurabh Banerjee said-

“Considering the fact that the petitioner is a young girl of 26 years with a bright future ahead and who while studying law is also keeping her aspirations flying high through shooting and bringing laurels for the country, this court is of the considered opinion that she ought not to be punished for the alleged acts of her father solely on the pretext of her license being used by him,” 

The HC said

''It was a general practice in most, if not all, Indian families that a student studying in school, college, or university, and that too when it happens to be in another state or country, it is the family, primarily the parents, who play the role of supporting them and fill in for them.''

The HC said the chief metropolitan magistrate was wrong in proceeding to issue summons to the woman. As per the complaint filed by the Directorate of Revenue Intelligence (DRI), three persons, including the woman’s father, were intercepted at the Indira Gandhi International Airport on April 29, 2017 on the basis of a specific intelligence information that a syndicate was involved in smuggling of arms and ammunition from Slovenia to India.

According to the complaint, the petitioner's father had used her 'Arms and Ammunition License' issued by the Delhi Police and the 'Renowned Shooter Certificate' issued by the National Rifle Association of India (NRAI) to import firearms. This was allegedly done through deceptive invoices that misrepresented the true value and description of the weapons, all without the NRAI's recommendation.

 

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