Whoever–

 

(a)               Omitted

(b)               On any search being made under section 21, conceals or attempts to conceal any arm, ammunition or military stores,

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

 

            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 two years.

 

 

Court Decisions

 

Jurisdiction :– 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  but cases under 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 Where 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 of cases under Ss. 13 & 14  by Sessions judge, held 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

A. Trial of certain offences

 

1[“(1) Subject to sub-Section (2) and any other law for the time being in force, an offence punishable under Section 13, Section 13-A or Section 14 shall not be tried by a Court lower than the Court of the Magistrate of the first class:

 

(2)        Where any evidence relevant to prove the commission of an offence under Section 13, Section 13-A or Section 14 is relevant to prove another offence under Section 13, Section 13-A or Section 14 and the other offence shall be triable by the same court, and where either of such offences is triable by a special court all such offences shall be triable by the special court and where two or more of such offences are triable by two or more different classes of Courts all such offences shall be triable by the court of higher class.

 

(3)        The provision of sub-section (2) shall apply to all cases pending in any court immediately before the commencement of the Pakistan Arms (Amendment) Act, 1997, and all such cases shall stand transferred to the court by which they are triable in accordance with the provisions of the said sub-section.]

 

Legal Amendments

 

1.         Substituted by the Pakistan Arms (Amendment) Act, 1997

 

 

Court Decisions

 

Jurisdiction of Sessions judge to try case—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

Breach of licence

 

Whoever, in violation of a condition subject to which a licence has been granted, does or omits to do any act shall when the dong or omitting to do such act is no punishable under section 13 or section 14, be punished with fine which may extend to five hundred rupees.

 

Knowingly purchasing arms, etc. from unlicensed persons

 

Whoever–

 

(a)        Knowingly purchases arms, ammunition or military stores form any person not licensed or authorised under subsection (2) of section 4 to sell the same; or

(b)        delivers any arms, ammunition or military stores into the possession of any person without previously ascertaining that such person is legally authorised to possess the same,

            Shall be punished with imprisonment for a term which may extend to three years or with fine, or with both;

 

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

 

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

 

(b)               Light or heavy automatic weapon, 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 weapon, rifle, musket, pistol or revolver,

 

Shall be imprisonment for a term which is not less than one year.

 

Penalty for breach of rules

 

           Any person violating any provision of any rule made under this ordinance for the violation or which no penalty is provided by this ordinance, shall be punished with fine which may extend to two hundred rupees.

 

Penalty for failure to give information under section 23

Any person who is in the absence of reasonable excuse, the burden of proving which shall lie upon such person, fails to give information to the nearest police officer of magistrate in respect of any offence under subsection (1) or subsection (2) of section 23 of which he becomes aware or which he has reson to suspect, shll be punished with imprisonment for a term which may extend to six month, or with fine which may extend to Rs. 500, or with both.

 

Penalty for refusing or neglecting to produce arms

Any person refusing or neglecting to produce any arms when so required under section 26 shall be punished with imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both.

 

Power to confiscate

when any person is convicted fo any offence punishable under this Ordinance, committed by him in respect of any arms, ammunition or military stores, it shall be in the desertion fo the conviting court or Magistrate further or direct that the whole or any portion or such arms, ammunition or military stores, and any vessel, vehicle or any other type of transport used to convey the same, and any type of package or container in which the same may have been concealed, together with the other contents of such package or container shall be confiscated;

 

            Provided that where such conviction is in respect of an offence punishable under this Ordinance with imprisonment for not less than twelve months, the court of the Magistrate convicting such person shall direct that direct that the whole or any portion of such arms, ammunition or military stores shall be confiscated.

 

Search and seizure by Magistrate

Whenever any Magistrate or an officer in charge of a police-station has reason to believe that any person residing within the local limit of his jurisdiction–

 

(a)               has in his possession any arms, ammunition or military stores for any unlawful purpose or

(b)               that such person cannot be left in the possession of any such arms, ammunition military stores without danger to the public peach;

Such Magistrate or such police officer having first recorded the grounds of his belief, may cause a search to be made of the house or premises occupied by such person or in which such Magistrate or such Police officer has reason to believe such arms, ammunition or military stores are or is to found, and may seize and detain the same, although covered by licence or exemption, in safe custody for such time as he thinks necessary.

 

Seizure and detention by Government

            Government may at any time order or cause to be seized any arms, ammunition or military stores in the possession of any person, notwithstanding that such person is lawfully entitled to possess the same, and may detain the same for such time as it thinks necessary for the public safety.

 

Information be given regarding offences

 

(1) Every person aware of the commission of any offence punishable under this Ordinance shall, in the absence of reasonable excuse, the burden of proving which shall lie upon such person, give information of the same to the nearest police officer or Magistrate.

 

            (2)        Every person employed upon any railway or by any public carrier shall, in the absence of reasonable excuse, the burden of proving which shall lie upon such person, give information to the nearest police officer or Magistrate regarding any package or container in transit which he may have reason to suspect contains arms, ammunition or military stores in respect of which an offence against this ordinance has been or is being committed.

 

Searches in the case of offences how conducted

When a search is to be made for any of he purposes of this ordinance, such search shall be made under the provisions of the code of Criminal procedure, 1898 (Act V of 1898).

 

Operation of other laws not barred

 Nothing in this ordinance shall be deemed to prevent any person from being prosecuted under any other  law for any act or omission which constitutes an offence against this ordinance or the rules or from being liable under such other law to any higher punishment or penalty than that provided by this Ordinance:

 

            Provided that no person shall be punished twice for the same offence.

 

Power to take census of arms

(1) government may, from time to time, by notification in the official Gazette, direct a census to be taken of any arms in any area, and empower any person by name or in virtue or his officer to take such census.

            (2)        on the issue of any such notification all persons possessing any such arms in such area shall furnish to the person so empowered such information as the may require in reference thereto, and shall produce such arms to him if he so requires.

 

Power to exempt

(Federal) Government may, form time to time, by notification in the official Gazette, or in exceptional circumstances by a written order, exempt any person by name or in virtue of his officer, or any class or persons, or exclude any description of arms, ammunition or military stores, or withdraw any part of the province from the operation of any prohibition or direction contained in this ordinance.

 

Notice and limitation of proceedings

No suit, prosecution other proceedings shall lie against any person for anything which is in good faith done or intended to be done in pursuance of this ordinance.

 

Repeal

The Arms Act, 1878 (XI of 1878), as in force in the Province of west Pakistan together with all enactments amending or modifying the same, except the Provisions thereof relating to manufacture(including conversion), export or import of arms, ammunition and military stores, is hereby repealed.

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