A 22-year-old Israeli national has moved the Bombay high court seeking to quash an FIR lodged against her under the Arms Act for illegal possession of two live
cartridges. Nurit Toker was booked by the Sahar police on October 28 after she was found carrying the cartridges in her backpack while boarding a flight to Kathmandu.
In her petition, Toker has contended that she had recently completed her mandatory training in the Israeli army and the cartridges were her personal ammunition.
Toker's advocate informed the court that she had flown to India for a holiday after completing her training in the Israel. The counsel argued that there were no objections raised by the Israeli authorities when she flew out of the country and by the authorities in Mumbai when she landed in India on October 27. But when Toker was about to board a Jet Airways flight to Kathmandu on October 28, the CISF intercepted her, the court was told.
In response, additional public prosecutor Aruna Kamat-Pai told the court that the CISF had not been made a party to the petition.
Toker's counsel then informed the court that the Israeli citizen's tourist visa was scheduled to expire on December 5. The counsel requested that the court direct the police to return the passport they had seized to ensure that Toker does not violate the Foreigner's Act by staying in the city without a valid visa. To this, the court asked the police how they could prosecute someone without extending their visa and asked the police to extend the visa themselves, if they were unwilling to return her passport. Kamat-Pai assured the court the issue would be looked into.
{{/usCountry}}Toker's counsel then informed the court that the Israeli citizen's tourist visa was scheduled to expire on December 5. The counsel requested that the court direct the police to return the passport they had seized to ensure that Toker does not violate the Foreigner's Act by staying in the city without a valid visa. To this, the court asked the police how they could prosecute someone without extending their visa and asked the police to extend the visa themselves, if they were unwilling to return her passport. Kamat-Pai assured the court the issue would be looked into.
{{/usCountry}}The division bench of justice AM Khanwilkar and justice RG Ketkar adjourned the hearing till December 7, and asked the petitioner to make the CISF a respondent to the petition.
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