“High Court Quashes Criminal Complaint Against National-Level Shooter, Cites Lack of Prima Facie Case”

In a significant legal development, the Delhi High Court has quashed a criminal complaint filed against Disha Langan, a national-level shooter and law student, under Sections 132 and 135(1)(a) and (b) of The Customs Act, 1962. The judgment, delivered by Hon’ble Mr. Justice Saurabh Banerjee on August 18, 2023, has attracted attention for its meticulous examination of the case and its implications.

The petitioner, Disha Langan, had challenged the summoning order Issued by the Chief Metropolitan Magistrate, which was based on allegations of smuggling arms and ammunition. The court’s observations highlighted the uniqueness of the case, where the petitioner’s license was used by her father for importing firearms from Slovenia. The judgment underscored the importance of carefully considering the sufficiency of grounds for issuing summons, stating that the court should not proceed mechanically in such matters.

“Execution of law without appropriate acquaintance with legal provisions and comprehensive sense of their application may result in an innocent being prosecuted,” the court observed, emphasizing the serious consequences that a summoning order carries. It noted that the case against Disha Langan was based on assumptions and presumptions, which were not sufficient to sustain the allegations.

The court's decision also delved Into the concept of vicarious liability under criminal law, asserting that such liability was impermissible. It highlighted that the petitioner, a bright young woman of 26 years, should not be held responsible for her father’s actions solely based on the use of her license.

The judgment, which discussed sections of The Customs Act, 1962, the Code of Criminal Procedure, 1973, and various legal precedents, ultimately concluded that there was no prima facie case against the petitioner. The court quashed the criminal complaint against Disha Langan, allowing her to continue pursuing her studies and shooting aspirations without the shadow of alleged offences.

This ruling not only provides relief to Disha Langan but also reiterates the need for a balanced and thoughtful approach in summoning orders, recognizing the potential consequences they entail.

Date of Decision:   August 18, 2023 

DISHA LANGAN vs  DIRECTORATE OF REVENUE INTELLIGENCE