Despite the chargesheet not being filed against an Israeli for possession of live cartridges and a magazine, the Bombay High Court has permitted Noa Haviv (29) to return to her homeland.
Taking an exception in the case, Justice Roshan Dalvi on Monday directed the police to release her passport in order to facilitate her return. Haviv, a German descent, has another German passport which will remain in the custody of police.
Haviv was arrested at the Sahara international airport on September 21 after she landed from Tel Aviv. When her baggage was being scanned before boarding a Jet Airways flight for Delhi, 16 cartridges and a magazine were discovered. She was later released on bail on September 26 against Rs 15,000.
Her advocate Haresh Jagtiani said that by mistake Haviv had taken her brother's bag, which contained the cartridges, who holds a valid license in Israel.
Public prosecutor VB Konde-Deshmukh told the court that they were awaiting the report of forensics laboratory, Kalina, where the cartridges were sent.
Also, the police is likely to file the chargesheet within a week after receiving the forensics report.
Observing that Haviv belonged to an alien friend country and prima facie no case of her having criminal intentions was made out, the court allowed her to return to Israel after furnishing a further surety of Rs 15,000 and give an undertaking that she would remain present as and when called during the trial.
Her employer, Metcon has also been directed to give an undertaking that she would be granted necessary leave for the purpose of attending court in India.