Israeli Nurit Toker, who was arrested in India last October after Mumbai police found two live M-16 assault rifle cartridges in her luggage, has been discharged by the high court in Bombay, the Indian Express reported on Monday.
The twenty-two year old was arrested while on holiday in India, after completing her military service in the Israel Defense Forces. She maintained that she had left the cartridges in her luggage by mistake.
The high court dropped the charges on the grounds that Toker was not in conscious possession of the cartridges, and asked the police to return her passport, the Express reported.
“It is well established position, in law, that conscious possession is the core ingredient to establish the guilt for offence under Sections 3, 25 of the Arms Act,” the Indian Express quoted justices A M Khanwilkar and R G Ketkar as saying.
According to the Express, the high court accepted the report submitted by the Assistant Commissioner of Police stating that “there was no sufficient material to file chargesheet against the petitioner as it was not a case of conscious possession of the two live cartridges found from her baggage.”
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