EnglishFrenchPortugueseRussianUrdu

Pakistan Arms Ordinance, 1965

CONTENTS

 

0 Preamble

1 Short title, extent and commencement

2 Exception

3 Definitions

4 Unlicensed sale and repair prohibited

5 Power to prohibit transport

6 Power to establish searching posts

7 Arrest of persons conveying arms, etc., under suspicious circumstances

8 Prohibition of going armed without licence

9 Unlicensed possession or arms etc

10 In certain cases arms to be deposited at police station or with licensed dealers

11 Power to make rules as to licences

11 A. Power to the Federal Government

11 B. Prohibition of keeping, carrying or displaying arms

12 Cancellation and suspension of Licences

13 Penalty for breach of section 4,5,8 to 11

13 A. Penalty for transportation of Arms, etc

14 Certain breaches of sections 4,5,6 and 21

14 A. Trial of certain offences

15 Breach of licence

16 Knowingly purchasing arms, etc. from unlicensed persons

17 Penalty for breach of rules

18 Penalty for failure to give information under section 23

19 Penalty for refusing or neglecting to produce arms

20 Power to confiscate

21 Search and seizure by Magistrate

22 Seizure and detention by Government

23 Information be given regarding offences

24 Searches in the case of offences how conducted

25 Operation of other laws not barred

26 Power to take census of arms

27 Power to exempt

28 Notice and limitation of proceedings

29 Repeal

 

Pakistan Arms Ordinance 1965 

Preamble

 

XX OF 1965

 8th June 1965

 

An Ordinance to consolidate

and amend the law relating to the sale transport,

bearing or possession of arms ammunition or military stores

 

No. Leg. 3(20) 65–The following Ordinance by the Government of West Pakistan is hereby published for general information: –

 

Preamble.      

 

Whereas it is expedient to consolidate the law relating to the sale, transport, bearing or possession of arms, ammunition or military stores, in the manner hereinafter appearing;

 

And whereas the Provincial Assembly of West Pakistan is not in session and the Governor of West Pakistan is satisfied that circumstances exist which render immediate legislation necessary;

 

Now, therefore, in exercise of the powers conferred on him by clause (1) of Article 19 of the Constitution, the Governor of West Pakistan is pleased to make and promulgate the following Ordinance: –

 

1.Short title, extent and commencement

 

(1)          This Ordinance may be called the Pakistan Arms Ordinance 1965.

 

(2)        It extends to the whole of Pakistan except the Tribal Areas.

 

(3)        It shall come into force at once.

 

2.Exception

 

Nothing contained in this Ordinance shall apply to—

 

(a)        arms, ammunition or military stores on board any sea-going vessel and forming part of her ordinary armament or equipment ; or

 

(b)        the sale, transport, bearing or possession of arms, ammunition or military stores by order of the Federal Government or a Provincial Government, as the case may be, or by a public servant or a member of any of the non-regular forces raised or maintained by or under the authority of the Federal Government or a Provincial Government, in the course of his duty as such public servant or member.

 

Definitions

 

(1)        In this Ordinance, unless the context otherwise requires, the following expressions shall have the meanings hereby respectively assigned to them, that is to say—

 

(a)        “ammunition” includes –

 

(i)         ammunition of all types for light and heavy automatic weapons, revolvers, pistols, rifles, carbines, muskets and shot-guns;

(ii)        ammunition constructed and modified for firing projectiles  or gas or smoke containers;

(iii)       gun wads, gun flints, percussion-caps, fuses, friction tube and detonators;

(iv)       all types of grenades, bombs, rockets, mines and fuels for flame throwers;

(v)        all types of explosives, fulminating material and propellants, including all articles specially designed for torpedo operation and depth charges;

(vi)             all parts of ammunition;

but does not include lead, sulphur or saltpeter;

 

(b)        “arms” includes –

 

(i)         “cannon

(ii)        firearms of all types, such as light and heavy automatic and semiautomatic weapons, rifles, carbines, muskets, shot guns (whether single or double barreled), revolvers, pistols and appliances the object of which is the silencing of firearms;

(iii)       air pistols, bayonets, swords, sword-sticks, daggers knives with blades of four inches or more (but not kitchen knives or knives used in good faith for the carrying on of a profession) and flick-knives irrespective of the size of the blade;

(iv)       knuckle-dusters, spears, spear-heads, bows and arrows and parts of arms;

 

      ( c )      “cannon” includes –

 

(i)               all types of artillery, mortars machines and sub machine     guns;

(ii)              silencers for all machines and sub-machine guns;

(iii)             anti-tank rifles and recoil-less guns or rifles and bazookas;

(iv)             revolvers or pistols over 46 inches bore;

(v)              nuclear weapons of all types;

(vi)             projectors, guided missiles, and discharges for grenades, rocket, bombs and gas or smoke containers;

(vii)            flame throwers of all types;

(viii)           all carriages, platforms and appliances for mounting or transporting cannon; and

(ix)             parts of cannon;

 

(d)       “Government: means the Federal Government for the whole of Pakistan and the “Provincial Govt.: in the case of a Province;

 

“(dd)   flick-knife means a knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in k, or attached to, the handle of the knife, and includes any knife which has a blade which is released from the handle or sheath thereof by the force of gravity or by the application of centrifugal force and which. When released, is locked in place by means of a button, spring lever or other device;”

 

(e)        “licence” means a licence granted under this Ordinance. 

 

(f)        “military stores” means any stores which the Federal Government may, by notification in the official Gazette, declare to be military stores;

 

(g)        “rules” means rules made under this Ordinance.

 

(2)        Government may, by notification in the official Gazette, declare any article or substance not specified in clause (a) or clause (b) or clause (c) of subsection (1), to be, as the case may be ammunition, arms or cannon for the purposes of this Ordinance, and on the publication of such notification, such article or substance shall be deemed to be specified in the said clause (a) or clause (b) or clause (c), as may be notified.

 

 

Court Decisions

 

Broken arms  –  if any fire – arm or an part thereof is rendered un Serviceable for the time being but does not lose its real character and possibility for repairing it exists same would certainly fall within ht purview of arms. KLR 1991 Cr. C 2

Unlicensed sale and repair prohibited

 

(1) No person shall sell, or keep, offer or expose for sale, any arms, ammunition, or military stores, or undertake the repairs of any arms, except under a licence and in the manner and to the extent permitted thereby.

 

(2)        Nothing herein contained shall prevent any person from selling any arms or ammunition which he lawfully possesses for his own private use to any person who is not by any enactment for the time being in force prohibited from possessing the same; but every person so selling arms or ammunition to any person shall, without unnecessary delay, give to the Magistrate of the District, or to the officer n charge of the nearest police-station, notice of the sale and of the purchaser’s name and address.

Power to prohibit transport

 

Government may, from time to time, by notification in the official Gazette, regulate or prohibit the transport of any description of arms, ammunition or military stores over the whole of the Province or any part thereof either altogether or except under a licence and to the extent and in the manner permitted by such licence.

 

Explanation. –Arms, ammunition or military stores transshipped at a port in the Province are transported within the meaning of this section.

Power to establish searching posts

 

Government may, at any place along the boundary line between the Province and an Acceding State and at such distance within such line as it deemed expedient, or at any place in the Province that it may deem proper establish searching posts at which any person, vessel, vehicle or any other type of transport or any type of package or container in transit, may be stopped and searched for arms, ammunition and military stores by any officer empowered by Government in the behalf by name or in virtue of his office.

Arrest of persons conveying arms, etc., under suspicious circumstances

 

(1) When any person is found carrying or conveying any arms, ammunition or military stores, whether covered by a licence or not, in such manner or under such circumstances as to afford just grounds of suspicion that the same are being carried or conveyed by him with intent to use them, or that the same may be used for any unlawful purpose, any person may without warrant apprehend him and take such arms, ammunition or military stores from him.

 

(2)        Any person so apprehended, and any arms, ammunition or military stores so taken by a person not being a Magistrate or a Police Officer, shall be delivered over as soon as possible to a Police Officer.

 

(3)        All persons apprehended by, or delivered to a Police Officer and all arms, ammunition and military stores seized by or delivered to any such officer under this section shall be taken without unnecessary delay before a Magistrate.

Prohibition of going armed without licence

 

(1) No person shall go armed with any arms except under a licence and to the extent and in the manner permitted thereby.

 

            (2)        Any person so going armed without a licence or in contravention of its provision may be disarmed by any Magistrate, Police Officer or other person empowered by Government in this behalf by name or by virtue of his office.

 

            (3)        Nothing in subsection (1) and (2) shall apply to a person carrying arms under a written authority issued in accordance with the rules.

 

Unlicensed possession or arms etc

No person shall have in his possession or under his control any arms, or any ammunition or military stores, except under a licence and in the manner and to the extent permitted thereby.

 

In certain cases arms to be deposited at police station or with licensed dealers

 

(1)  Any person possessing arms, ammunition or military stores the possession whereof, has, in consequence of the cancellation or expiry of a licence or of an exemption or the death of the licensee or other-wise, become unlawful, shall without unnecessary delay deposit the same either with the officer incharge of the nearest police-station or, at his option and subject to such conditions as Government may by rule prescribe, with a licensed dealer:

 

            Provided that where, within one month of the expiry of a licence an application for its renewal has been made by registered post or by hand, the retention by the holder of such licence of the arms ammunition or military stores covered by the licence shall be deemed to be lawful until such time as the licence has been renewed or its renewal refused.

 

            (2)        When arms, ammunition or military stores have been deposited under subsection (1), the depositor, or in the case of his demise his legal heirs, shall, at any time before the expiry of such period as Government may by rules prescribe, by entitled–

 

(a)        to receive back anything so deposited the possession of which by him or his legal heirs has become lawful; and

 

(b)        to dispose, or authorise the disposal, of anything so deposited by sale or otherwise to any person whose possession of the same would be lawful, and to receive the proceeds of any such sale:

 

Provided that nothing in this subsection shall be deemed to authorise the return or disposal of anything the confiscation of which has been directed under section 20.

 

            (3)        All things deposited under subsection (1) and not returned or disposed of under subsection (2) within the prescribed period therein referred to shall be forfeited to Government.

 

    (4)        (a)        Government may make rules consistent wit this Ordinance for carrying into effect the provisions of this section.

(b)        In particular and without prejudice to the generality of the foregoing provision Government may by rules prescribe–

(i)                 the conditions subject to which arms, ammunition or military stores may be deposited with a licensed dealer, and

(ii)               the period after the expiry of which things deposited as aforesaid shall be forfeited under subsection (3).

 

Power to make rules as to licences

Government may, from time to time, by notification in the official Gazette, make rules to determine the officers by whom, the form in which, and the terms and the terms and conditions on and subject to which any licence shall be granted, or renewed, and may by such rules among other matters —

 

(a)               fix the period for which such licences shall continue in force;

 

(b)               fix a fee payable by stamp or otherwise in respect of any such licence;

 

(c)                * * * * *

 

(d)               direct that the holder of any such licence shall keep a record or account, in such from as Government may  prescribe, of anything done under such licence, and exhibit such record or account when called upon to do so by an officer of Government authorised in this behalf;

 

(e)                empower any officer of Government to enter and inspect any premises in which arms, ammunition or military stores are kept by any person holding a licence of the description referred to in section 4;

 

(f)                 direct that any such person shall exhibit the entire stock or arms, ammunition and military stores in his possession or under his control to any officer of Government so empowered; and

 

(g)               require the person holding any licence or action under any licence to produce the same and to produce or account for the arms, ammunition or military stores covered by the same when called upon to do so by an officer of Government so empowered.

 

A. Power to the Federal Government

 

(1)    The Federal Government may, by notification in the official Gazette, specify the description, caliber or bore of arms and ammunition which are to be prohibited bores for the purpose of this Ordinance.

 

(2)        No licence for the arms and ammunition notified under sub-section (1) shall be issued by the Federal Government.

 

(3)        The Federal Government shall have the power to issue licensees for non-prohibited bore weapons valid for the whole or any part of Pakistan.

 

(4)        The Provincial Government shall have the power to issue licences for non-prohibited weapons only which power shall be exercised by the said Government subject to section 11.

 

B. Prohibition of keeping, carrying or displaying arms

 

(1) The Federal Government may, and if so directed by the Federal Government the Provincial Government shall, by general or occasions as may be specified in the order.

 

(2)        In particular, and without prejudice to the generality of sub-section (1), and order issued thereunder may prohibit —

 

(a)        the keeping of arms within the premises of educational institutions and the premises of the hostels or boarding houses relating or affiliated thereto; and

(b)        the carrying or display of arms at fairs or in gathering or processions of a political, religious, ceremonial or sectarian character or in the premises of Courts of law or public offices.

 

(3)        Any person keeping, carrying displaying any arms in contravention of an order issued under subsection (1) may be disarmed by any Magistrate Public Officer or other persons empowered by Government in this behalf.

 

Cancellation and suspension of Licences

 

(1)    Any Licence may be cancelled or suspended –

 

(a)        by the officer by whom the same was granted or by any authority to which he may be subordinate, or any District Magistrate within the local limits of whose jurisdiction the holder of such Licence may be, when, for reasons to be recorded in writing, and after giving the holder of the Licence an opportunity of showing cause against the proposed cancellation or suspension, such officer, authority or Magistrate deems it necessary for the security of the public peace to cancel or suspend such Licence; or

(b)        by any judge or Magistrate before whom the holder of such licence is convicted to an offence against this Ordinance or against he rules and government may, by a notification in the official Gazette, cancel or suspend all or any licences throughout the Province or any part thereof.

 

            (2)        An appeal against an order of cancellation or suspension under clause (a) of subsection (a) of subsection (1) may be made by the person whose licence has been cancelled or suspended to the immediate official superior to the authority making he order, within sixty days to the receipt by him a copy of the order where appeal lies to government, and where appeal lies to any other authority, within thirty days of the receipt by him of a copy of the order.

 

 

Court Decisions

 

Federal Government in exercise of power conferred upon it u/section 12(1) of the Pakistan arms Ordinance, 1965 cancelled all the licences as were granted thereunder – Before canceling the licence no opportunity of being heard given to the petitioner- By virtue of licence issued the petitioner acquired a vested right to hold that licensed arms an ammunition  –  Pre – condition of exercise of power of cancellations is the grant of an opportunity to the licence of being heard  –  The requirement of notice is statutory in nature  –  The same cannot be dispensed with and any action taken in violation thereof must fail. KLR 1991 Cr. C 492

 

Penalty for breach of section 4,5,8 to 11

 

Subject to the Provision of sections 130-A, whoever commits any of the following offences, namely:–

 

(a)               Sells, or keeps, offers or exposes for sale, any arms, ammunition or military stores, or undertakes the repairs of any arms in contravention of the provisions of section 4;

(b)               Fails to give notice to the sale or arms and ammunition and of the purchasers arms and address as required by section 4;

(c)                Transports any arms, ammunition or military stores in contravention of a regulation or prohibition issued under section 5;

(d)               Goes armed in contravention of the provisions of section 8;

(e)                Hs in his possession or under his control any arms, ammunition or military stores in contravention of the Provisions of section 9;

(f)                 Fails to deposit arms, ammunition military stores as required by section 10;

(g)               Intentionally makes any false entry in a record or account which by a rule made under clause (d) of section 11 he is required to keep;

(h)               Intentionally fails to exhibit anything which by a rule make under clause (f) of section 11 he is required to exhibit; or

(i)                 “keep carries or displays any arms in contravention of an order issued under section 11-B”

shall be punished with imprisonment for a term which may extend to seven years, or with fine or with both:

 

Proviso           omitted          

Explanation  omitted

 

            Provided that the punishment for an offence committed in respect of any-

 

(a)               cannon, grenade, bomb or rocket; or

(b)               light or heavy automatic weapon, rifle of 303 bore or over, musket of 410 bore or over or pistol or revolver of 441 bore or over, or ammunition which can be fired from such weapon, rifle, musket, pistol or revolver,

shall be imprisonment for a term which is not less than three years.

 

Provided that the punishment for an offence committed in respect of any rifle of 303 bore or over, musket of 410 bore or over pistol or revolver of 441 bore or over, or ammunition which can be fired from such musket, pistol or revolver, shall be imprisonment for a term which is not less than three years.

 

 

Court Decisions

 

Appreciation of evidence  –  it is not recorder in the FIR that the appellant was overpowered when he alighted from the wagon and the Driver Drove the same immediately PW confronted with the same  –  This aspect of the matter has to play the vital legal role to adversely affect the prosecution case in the FIR   –  It is narrated that kalashnikov was in the hand of th appellant while he was sitting in the wagon and the remaining illicit arms were in bag which were taken into possession  –  This type of conduct of an accused as prosecuted by the prosecution is unnatural – The registration number of the vehicle was not noted by the SHO who also did not inquire about the names of the driver, the conduction and all the passengers  –  All the police officers of all ranks are respectable persons however the law has to take its course  –  In view of the availability of the independent persons at the spot at the alleged time of the alleged recovery of illicit arms and in the absence of any explanation about their non – joining or non – participation the allege recovery of the illicit arms can safely be held to be violative of law and section 8 of the suppression of terrorist of Activities (Special courts) Act, 1975 shall not play the legal role against the appellant  –  The Registrar supreme court of Pakistan letter dated 20.8.1990 on the subject is referred   –  The recovery of the licit arms attributed to the appellant has no legal force so as to make him criminally liable for the charge framed against him who as such is entitled to be acquitted. 2000 P.Cr.L.J 1367

 

Raid was conducted on the house of the accused to apprehend a proclaimed offender but the police did not succeed in its mission—Accused was not present in the house when recovery was effected from a room of the house during house search—Prosecution witness had stated that a the time of raid mother of the accused was presenting the house was not in exclusive possession of the accused and that other people also lived in it—Prosecution had failed to produce best evidence to establish accusation against accused—Conviction and sentence passed against the accused were se aside and he was acquitted of the charge against him. PLD 2003 Pesh. 84

 

One T.T pistol and some bullets were alleged to have been recovered from three persons each at the same time and the memo. Of arrest/recovery did not indicate any features distinguishing the pistol or bullets from each other, not the same were sealed separately—Even no step were taken at the time of recovery for the individual identification of the recovered articles with reference to the person from whose possession the same were recovered—Evidence available on record also did not show that the pistol and the bullets produced before the Court had been recovered from the accused and that he was in possession of the same—Joint recovery memo, had no evidentiary value—Accused was acquitted on benefit of doubt in circumstances. PLD 2003 Kar. 216

 

Abscondence  –  The abscondence of the accused is of no help to the prosecution which even otherwise need not be given the weight as the prosecution has brought a false case. KLR 1998 Cr. C (Lah) 216

 

Bail grant of   –  The petitioner was declared innocent in the police investigation and that, therefore, his name has been placed in column No. 2 of the Challan submitted to the court   –  Accused was allowed bail accordingly. KLR 1993 Cr. C 242

 

Benefit of doubt : — Evidence on record showing that illicit pistol never produced/exhibited in Court” PW 4 SI stating that Urdu Bazar is a very busy bazar but he did not join any person of the locality in the recovery proceedings-Two defence witnesses stating that nothing was recovered from the petitioners and he was taken by Amanullah HC-Held, the evidence led by the prosecution is not sufficient to warrant the conviction and the petitioner is entitled to the benefit of doubt. KLR 1986 Cr. C. 640

 

Cancellation of bail – reference made to high Court—Accused was admitted to bail by the High Court and he had furnished surety in the sum of Rs. 1, 00, 000 with P.R. Bond in the like amount to be satisfaction of Trial Court i.e., the Special court—Accused absconded thereafter and the Special court had sent the reference to High Court for cancellation of his bail—Held, High Court and sessions court both had concurrent jurisdiction to take decision about the justification for cancellation of bail and their powers were not subject to restrictions—Judicial propriety, however, demanded that sessions court being the lower forum would be in a better position to appreciate the facts and circumstances and pass an order—Where the  Trial Court while exercising powers as sessions Court had directed or effected the arrest of a person under s. 92 or 514, Cr.P.C it might amount to cancellation of bail if the court had mentioned it expressly—Position, however, would be different if the arrest had been ordered or effected by the court having no power to cancel the bail—Reference for cancellation of bail in such circumstance had to be made essentially to the forum competent to pass such orders—Special court being competent to exercise powers of Section judge under S. 497, Cr.P.C and the powers of Trial Court under Ss. 514 & 92, Cr.P.C was not required to make the reference—Reference was disposed of with the said observations.  PLD 2003 Kar. 247

 

Jurisdiction :– Ss. 13 & 14 Arms Ordinance, 1965 triable by magistrate first class only conviction by Sessions judge set aside as without jurisdiction. 1979 P.Cr.L.J 525 when cases under  Ss. 13 & 14 of arms ordinance tried by assist sessions judge instead of Magistrate First class, Held trial was coram non judice appellant was acquitted, Retrial not ordered as the appellant had undergone long trial and remained in custody for a long period. NLR 1994 Cr. 361  

 

Trial by Sessions judge, held also was coram no judice for office u/Ss 13 and 14 Arms Ordinance, 1965 as the offence is triable by magistrate first class. Conviction and sentence set aside. PLJ 1992 Cr. C (Kar) 396

 

Repeal of suppression of Terrorist Activities Act, 1975, effect of – Provisions of S. 14-A of West  Pakistan Arms Ordinance, 1965 has revealed that cases under Ss. 13 & 14 of said Ordinance, were triable by court of Magistrate except cases mentioned in provisions to S. 13 of said Ordinance as cases mentioned in said two provisions had been specifically exclude from jurisdiction of Magistrate—Only court of session was competent to pass sentence mentioned under S. 13 of West Pakistan Arms Ordinance, 1965 in view of S. 31, Cr.P.C—court of Session, in circumstances had jurisdiction to try case against accused as Kalashnikov and its ammunition were secured from him—case against accused having fully been proved, he was rightly convicted and sentenced by Trial court/sessions judge. 2004 P Cr. L J 365

 

Late renewal of licence of arms  –  Renewal of a gun licence after lapse of some 5 months  –  Offence committed only a technical one Sentence of nominal fine of Rs. 5 proper held, further, that the licence; should not be cancelled. ILR 24 Lah. 756

 

Once recovery of unserviceable fire  –  arm is established form the possession of accused in that event neither prosecution is completely absolved from showing that said weapon could be repairable no simultaneously accused can be exonerated from the responsibility of explaining said implements instruments being totally un – repairable thereby having lost its character justifying its possession without licence  –  Possession of article B without licence clearly violated the law. KLR 1991 Cr. C 2

 

Possession of illicit arms—Sending of the weapon to the Fire-arm Expert for opinion in case of possession of the arms, is no the requirement of law. PLD 2003 Kar. 216

 

Recovery in Connection with S. 302 P.P.C : —  conviction not maintainable when evidence of recovery has been disbelieved in appeal against conviction U/S. 302, PPC Revision accepted. NLR 1981 UC 328

 

Recovery of Pistol – Evidence on record showing that illicit pistol never produced/exhibited in Court” PW 4 SI stating that Urdu Bazar is a very busy bazar but he did not join any person of the locality in the recovery proceedings-Two defence witnesses stating that nothing was recovered from the petitioners and he was taken by Amanullah HC-Held, the evidence led by the prosecution is not sufficient to warrant the conviction and the petitioner is entitled to the benefit of doubt. KLR 1986 Cr. C. 640

 

Recovery of rifle along with two lice cartridges  –  addl. Sessions judge seemed to have rightly noticed glaring deviations from prescribe procedure in connection with the recovery   –  Acquitted the accused  –  Appeal there against  – Held that:  it is trite law and proposition that deviation and departure from the prescribed an settled procedure made the whole exercise colourful, doubtful and replete with suspicions  –  No plausible explanations were given by I.O to dispense with the requirements of S. 103 Cr. P. C language whereof seemingly was couched in mandatory for  –  Further held: That the recovery proceedings were rampant with legal infirmities  –  Hence edifice erected thereon by the prosecution ws aptly dismantled by learned addl. Sessions judge while accepting appeal and rejecting revision  –  There being no merit in th appeal the same dismissed. 1999 P.Cr.L.J  954

 

Trial :– Trial by Sessions judge for offence u/s. 13 – XX-65 Arms ordinance is without jurisdiction conviction set aside. PLD1989 pesh. 161: PLJ 1989 Cr. C 300.

 

Violation of S.103 Cr.P.C  None was joined from the vicinity though the said place was surrounded by carious shops  –  PW. 3 admitting that his statement u/s. 161 was never recorded  –  Appeal accepted. KLR 2000 Cr. C (Lah) 216

 

Allegations against the appellant are that one unlicensed klashinkov and a bandolier containing two spare magazines and 40 live cartridges were recovered from his possession  –  counsel for the appellant submits that all the witnesses produced by prosecution are police officials  –  Not a single witness has been produced from the public and there is a clear violation of  S. 103, Cr PC  –  In this view of the matter the sentence awarded to the appellant is set aside  –   2000 P.Cr.L.J 1224

 

There was not explanation on record as to why P.W. 3 failed to associate witnesses of the public in this case wherein the secret information was received before the recovery  of the illicit arms as the public in the way was available on the road side and the shops   – Held That: In the absence of any explanation as to why the witnesses of public had not been associated in the recovery proceeding in this case this court hold that the alleged recovery had to be viewed with caution which had no been established by the prosecution of this ground  –  Further Held: That there was no justification to convict the appellant  –  Appeal accepted. KLR 1998 Cr. C (Lah) 34

 

During the investigation of a case under section 382 of P. P. C.  –  The petitioners made disclosure and led the police party to a place and after removing earth brought out a polythene envelop containing the kalashnikov   –  Discharged form the case u/section 382 of P. P.C but sentenced u/Section 13 of the arms ordinance  –  Changed to   –  The petitioner was falsely involved in  theft case, was got discharged and the police to show their efficiency obtained his custody from jail and plated the kalashnikov upon him  –  Held: There being no public persons, the recovery being from an open place and in a thickly populated Mohallah, the two police officers would require corroboration, particularly when the appellant was found innocent in the main case and discharged by the Magistrate  –  No such corroboration is there – The possibility that the kalashnikov was planted and a fake case cooked – up, cannot be entirely ruled out. KLR 1994 Cr. C 330

 

The police officer is not only a party to the case himself, but he is also a person interested in it is outcome  –  He is a prosecutor, investigator and a witness of this case  –  P.W.1 and P.W.2 are police officials and in the circumstances the presence of external witnesses was necessary  –  Further Held: The requirement of law is that the recovery of incriminating articles should be made in the presence of two or move respectable of the locality, and the same could not be defeated if the recoveries are made only by the police officials themselves without associating any public witness in the said proceedings. KLR 1994 Cr. C 273

 

The appellant which on physical remand made and disclosure before Muhammad Anwar S. H.O in presence of P.W.I Ghulam Dastgir, ASI and other official and led to the recovery of illicit kalashnikov P.I and 10 life bullets P. 2/1-10 along with magazine P. 3 Sentence  –  Challenged to   –  Denied  –  No police witness  –  P.Ws I and 2 are police official  –  P .W. 2 is the complainant as well as recovery witness and I.O whereas P.W.I ASI was working under P.W.2 – The door of the store from where the recovery was affected was lying open  –  Held: The prosecution has failed to prove its case beyond doubt against the appellant and giving him the benefit of doubt, accused was released of the charge. KLR 1994 Cr. C 512

 

Weather sentences Will Run concurrently :– Accused was sentenced to imprisonment for life under Ss. 302, 109 & 34, P.P.C and got three years’ rigorous imprisonment and fine under the west Pakistan Arms Ordinance, 1965 in one occurrence—Contentions were that the case under the west Pakistan Arms Ordinance, 1965 also arose because of the case of murder and until an order was made under S. 397, Cr. P.C the sentences of the convict were to run consecutively and that Appellate court was fully empowered to exercise power under S. 397, Cr. P.C which was exercisable by the Trial Court in view of powers vesting under S. 426, Cr .P.C  — High Court while invoking the provision of S. 397, Cr .P.C directed that the sentences in both the cases would run concurrently. PLD 2003 Lah. 512

 

A. Penalty for transportation of Arms, etc

(a)        transports, sells or keeps, offers or exposes for sale, a cannon, grenade, rocket launcher, missile, machine gun, sub-machine gun, dynamite or detonator or ammunition which can be fired from such arms; or

(b)        goes armed with any of the arms or ammunition referred to in clause (a) in contravention of the provisions of section 8; or

(a)               has in his possession or under his control any of the arms referred to in clause (a) or ammunition which can be fired form such arms in contravention of the provisions of section 9 shall be sentenced to death or imprisonment for life and his property whether movable or immovable, shall be forfeited.

 

(2)        Whoever:–

 

(a)               transports sells or keeps, offers or exposes for sale, any arms or ammunition other than those referred to in clause (a) of sub-section (1) in contravention of the provisions of his ordinance; or

(b)               goes armed with any arms or ammunition other than those referred to in clause (b) of sub-section (1), in contravention of the Provisions of section 8; or

(c)                has in his possession or under his control any arms or ammunition other than those referred to in clause (c) or sub-section (1), in contravention of the provisions of section 9,

shall be punished with imprisonment for life or with rigorous imprisonment for a term, which is not less than seven years.

 

            (3)        Any carrier used for the transportation of any illicit arms or ammunition shall also be liable to immediate confiscation and such carrier alongwith the illicit arms or ammunition shall be surrendered to the provincial police.

 

            Explanation.–  In this section “carrier” includes a vessel, air-craft, vehicle or animal.

 

 

Court Decisions

 

According to certain precisions of constitution which provide that where law is repealed or is deemed to have been seprepeaba, by under, or by virtue of constitution, such repeal shall not except as otherwise provided in the constitution affect any investigation, legal proceeding, remedy, penalty, forfeiture or punishable and any such investigation legal proceeding or remedy may be instituted continued or enforced, and any sued penalty forfeiture or punishment may be imposed as if the law had not been repealed Section 13-A added by Pakistan arms (Amendment) Ordinance, 1997 petitioner can be proceeded thereunder as he was apprehended on the date when the said provision was still in force  –  There is no livelihood of the early trial  –  It is a settled principle that law is not be be stretched in favour of prosecution nor bail should be denied as punishment. KLR 1998 Cr. C (Lah) 175

 

Jurisdiction : Recovery of  30 Bore pistols  –  Held: that same not to attract the provisions of Section 13 A& B of the ordinance  Special Courts constituted under the Suppression of terrorist Activities (Special court) Act, 1975 Shall have no jurisdiction to try them – Thereunder. KLR 1991 Cr. C 553

 

Appellant tried by the Addl. Sessions judge and sentence  –  Held That: Trial of the appellant was coram – non  – judice and the convocation recorded against a nullity in the eye of law Section 14 – A of the Ordinance ousted the jurisdiction of the trial judge  –  first class Magistrate had exclusive jurisdiction therein. KLR 1991 Cr. C 588

Certain breaches of sections 4,5,6 and 21

Print Friendly, PDF & Email

Related Case Law