Offences u/S. 13-XX- `65 Arms Ordinance punishable by death or life-imprisonment, as the law has been amended from time to time. Minimum sentence is 7 years R.I. Amendment of Ordinance 13-XX-65 by Ordinance XVI of 1988 provides that sentence shall not be less than 3 years and maximum may extend to 14 years while Ordinance XXXVIII of 1996 enhanced the sentence to death or life imprisonment alongwith forfeiture of property. Ordinance XLII of 1997 repeated previous provisions. Therefore bail application for offences u/S. 13-XX-`65 was dismissed. (DB) PLJ 1997 Cr.C. (Lah.) 1329, Habib Ullah.
Arms definition in section four is not exhaustive. Test to find whether an instrument is "Arm" depends on circumstances of each case, and not on shape of weapon or the size of its blade. (DB) PLD 1963 Pesh. 54 State v. Amir Khan.
Revolver repairable. Weapon even though not in working order falls within the dentition of arms and possessing it is offence. (DB) 7 Cr.LJ 350. Emp v. Sami Ullah. 6 PR (Cr.) 1908.
Fire-arms whether unserviceable out of order or without ammunition remain fire-arms and going about with such arms without licence is an offence under Ord. XX of 1965. PLJ 1984 Cr.C. (Kar.) 34. Ghulam Rasul.
Takwa. It is always the purpose for which an implement is primarily used which determines the question whether it does or does not fall within the definition of `arms' Implements or articles primarily intended for domestic or agricultural use are not arms under the Arms Act and "Takwa" falls under the former category. 42 Cr.LJ 144 Udham Singh.
Chhuri recovered, no witness stated that the length of the blade of the chhuri was 4 inches or over. Recovery memo is not substantive evidence. Petitioner acquitted of offence u/S. 13-XX-65 Arms Ordinance. PLJ 1991 Cr.C.(Lah.) 364 Asif Mahmood. PLJ 1991 Cr.C. (Lah.) 303 Shaukat. Ali.
Unlicensed CHHURA. For conviction u/S. 13-F of Ordinance XX of 1965 prosecution must prove violation of sec. 9 of the ordinance. The appellant was never asked if he had a licence for the chhura. Conviction set aside. PLJ 1992 Cr.C. (Kar.) 339, Ashiq Hussain, (DB) 1972 P.Cr.LJ 165, Pirano.
Temporary custody of fire-arms on behalf of another authorised person is not an offence. 8 Cr.LJ 405 Emp. v. Khudda Gond 4 NLR 146.
Unlicensed use of gun. When petitioner snatched a gun from the servant of a person exempt to hold a licence and fired at a mad dog, held, section 19 (f) does not make the mere possession of a gun punishable. Such possession does not attract the provisions of Sec. 14 of the Act. (DB) ILR 1935 Cal. 219. Prabhat Chandra Chaudhri v. Empt.
Gun left for sometime with another person bona fide, unloaded and not for use, held, possession of arm being temporary with no intention to commit offence or to use it, conviction u/S. (b) of Arms Ordinance cannot be sustained. PLJ 1986 Cr.C. (Lah.) 368. Muhammad Nazir.
Leaving weapon with non-licensee. Licensee leaving weapon temporarily with his nephew. In the meanwhile the police arrived and challenged the nephew and the licensee. Held, temporary possession is not "going armed with the gun" or "Transferring possession" of licensed weapon. Revision accepted. PLJ 1978 Cr.C. (Kar.) 419 Rehmat Ali 1978 Cr.LJ 612.
No intention to use the weapon. When the possession of a weapon is not with the intention of using it as an unlicensed weapon is not an offence of possessing fire-arms without a licence u/S. 19(f) of Act XI of 1878. AIR 1933 Pat. 660. Parmeshwar Singh v. Emp. 146 IC 498 35 Cr.LJ 127.
Negotiating a sale. When a weapon is made over to an unlicensed person for negotiating a sale, such possession is not possession of the weapon with the intention of using it as a weapon. Such temporary possession is not possession as contemplated by the Act. (DB) AIR 1933 Cal. 218. A. Malcolm etc. v. Emp.
Holding arm for another; person holding gun on behalf of its owner standing by is not guilty u/S. 19(e) of the Arms Act. Firing of gun is no offence. PLD 1965 Dacca 184 Kashi Charan.
Fire-arm in temporary possession or control of servant, in course of his duty, over his master's licensed fire-arm under the master's order will not attract SS. 8, 9 & 13(d) of the Arms Ordinance. 1992 SCMR 2310, State v. Muhammad Akbar Samejo.
Servants carrying home fire-arms of a licensee-master commits no offence. PLD 1967 Pesh. 182. State v. Noor Haider.
Constructive possession of fire-arms. K Kept his licensed gun in the house of J for a night .J was not a retainer of the gun either. Held, the gun was in the possession of K and J was keeping it on his behalf. No offence committed. 42 Cr.LJ 97. Jamal Ahmad v. Emp.
Offences under Arms Act and murder. When possession of arms is so connected with the offence of murder as to form part of the same transaction, joint trial under the Arms Act and murder is legal, unless it is shown that the misjoinder of charges has prejudiced the accused.(FC) PLD 1951 FC 114, Shadiq v. Crown.
Charge under Arms Act and section 302,ÿPPC; accused discharged in trial under Arms Act. In trial u/S. 302, evidence of the recovery of pistol cannot be excluded. PLD 1965 Kar. 541. Medad Ali.
Sections 13 & 14, Arms Ordinance, 1965 triable by magistrate first class only, conviction by Sessions Judge set aside as without jurisdiction. 1979 P.Cr.LJ 525. Ahmad Raza.
Trial by Sessions Judge, held coram non judice for offence u/Ss. 13 or 14 Arms Ordinance, 1965 as the offence is triable by magistrate first class. Conviction and sentence set aside. PLJ 1992 Cr.C. (Kar.) 396, Hameer etc.
Trial by Additional Sessions Judge for offence u/S. 13(d) Arms Ordinance, 1965, held as coram non judice, as sec. 14-A(1) of the ordinance lays down that the offences u/Ss. 13 or 14 of the ordinance shall be triable by a first class magistrate unless the offence has been committed in respect of arms & ammunition mentioned in proviso to sec. 13 of the ordinance, PLJ 1996 Cr.C (Kar.) 950 Jamoo. Also see PLD 1995 Kar. 504, Mir Azam & 1991 P.Cr.LJ. 736 Sudheer.
Trial by Additional Sessions Judge for recovery of dagger for offence u/S. 13 of Ordinance XX of 1965 is coram non-judice and a nullity as dagger is not mentioned in the schedule. Retrial not ordered as the appellant had already suffered for quite some time in jail. The trial should have been by a Magistrate First Class. PLJ 1996 Cr.C. (Kar.) 995 Mir Azam Khan. Also see (D.B) PLJ 1996 Cr.C. (Q) 997 Kashif-ur-Rehman.
Offence u/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, Sher Muhammad.
Offence u/S. 13-XX-65 A. O. held exclusively triable by Magistrate First Class, held, trial by Sessions Judge without lawful authority. Appellant acquitted. PLJ 1989 Cr.C. (Lah.) 563 Sadiq Hussain.
Trial by Sessions Judge for offence u/S. 13-XX-65 Arms Ordinance is without jurisdiction. Conviction set aside. (DB) PLD 1989 Pesh. 161 Muhammad Tahir; PLJ 1989 Cr.C. 300.
Rifle and cartridges dug out and recovered from spot on pointing out of accused. Held, conviction without conclusive proof of exclusive possession of spot by the accused is not legal. PLD 1965 Lah. 386. Rehmat.
Ordinary concealment. Something more than ordinary concealment is necessary for conviction u/S. 20 (Act XI of 1878 now Sec. 14 of Ord. XX of 1965). The manner of concealment should indicate requisite intention. Concealment of arms in a garage, held, offence u/S. 19(f) and not u/S. 20. PLD 1955 Bal. 14 Crown v. Abdul Latif. PLD 1965 Lah. 386; AIR 1951 Sindh 9.
Grant of arms licence is a privilege. No one has a legal right to possess arms except on a licence. Writ of mandamus does not lie for obtaining an arms licence (SC) PLD 1961 SC 178 D.M. Lah.v. Raza Kazim.
Discretion to grant or refuse licences us validly conferred u/r. 43 of Arms Rules, 1924 and is not in excess of Sec. 17 of Arms Act, 1878. (SC) PLD 1961 SC 178. D.M. Lahore v. Raza Kazim.
Late renewal of licence of arms. (Section 13, Act XX of 1965): 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. (DB) ILR 24 Lah. 756. King Emperor v. Bakshi Ram.
Holding gun without renewal of licence. Held accused could hold the gun without renewal of licence for 6 months. No offence committed. Proceedings u/S. 13, XX-65 quashed. NLR 1983 Cr. 154. Muhammad Anwar.
Cancellation of licence. Sub-Divisional Magistrate directing another Magistrate to inquire into the question of desirability of cancellation of fire-arms licences is without jurisdiction. 1971 P.Cr.L.J. 732 Majibur Rehman v. Tobarak.
Licence of revolver cancelled without giving show-cause notice. Order set aside (DB) PLD 1979 Kar. 732. Tanweer Ahmed Khan v. D.M. Sanghar.
Without show-cause notice and recording reasons under section 12 of Act XX of 1965 arms licence cannot be cancelled. (DB) 1968 P.Cr.LJ 197 (Lah.) Ali Haider v.Ijaz Hussain (DB) P.Cr.LJ 647 Rokhanud Din.
Confiscation of fire-arms not to be ordered when licensed arms taken into possession were not proved to have been used in commission of crime.
High Court restored the arms. (DB) NLR 1988 Cr. 221 Sher Zaman etc.
Confiscation of arms. Licensed gun of a person proceeded against under section 107, Cr.P.C. cannot be confiscated. Imposition of conditions beyond those prescribed under section 107, Cr.P.C. i.e. illegal 1968 P.Cr.LJ 131 (Lah.) Nur Nabi.
Conviction u/S. 13, Arms Ord. not maintainable when evidence of recovery has been disbelieved in appeal against conviction u/S. 302, PPC. Revision accepted. NLR 1981 UC 328.
Sten-gun with 20 bullets in magazine found by the side of the accused sleeping in the open, held, it cannot be said that the weapon was in conscious possession of the accused. Accused acquitted. (DB) PLJ 1991 Cr.C. (Lah.) 452 Ramzan.
Conscious possession of grenades not proved. Accused stating enmity with police, as cause for prosecution. Accused acquitted. NLR 1987 Cr. Cr. 743. State v. Pervaiz etc.
Recovery of mauzer pistol with magazine, recovered from the hostel room of the accused in his absence. Held, possibility cannot be ruled out that someone else placed it there. Accused acquitted. (DB) PLJ 1991 Cr.C. (Lah.) 452. Naseer Ahmed.
Case property not identified in Court in a case under Arms Ordinance. Conviction set aside. 1986 SCMR 462 Dost Muhammad.
The accused not questioned u/Ss. 342, Cr.P.C. in case u/S. 13-XX-1965, whether he had a licence for the weapon. Accused acquitted. NLR 1987 Cr. 860. Sajid Ali.
Transfer of evidence from the main case into case under the Arms Ordinance, held no evidentiary value can be attached to such evidence. PLD 1987 Kar. 507. Ali Sher.
Trial under Arms Act is coram non judice for offences u/Ss. 13, 14 of the Ordinance XXI of 1976 when the trial is held by Sessions Court. After Ordinance XXI of 1976 the offence is to be tired by a Magistrate of first class. Conviction set aside. Retrial not ordered as the appellants in jail for more than two years (DB) PLJ 1987 Cr.C. (Lah.) 408 Muhammad Anwar NLR 1987 Cr. 683 Faqir Muhammad.
Possession of empty shells is neither an offence under Arms Ordinance nor under Explosive Substances Act, 1908 and not triable by Terrorist Activities Special Court. NLR 1988 Cr. 505 . Abdul Behram etc.
Conviction u/S. 13-E of Arms Ordinance cannot be set aside just because the accused has been acquitted in the main murder case. NLR 1990 Cr. 340. Sher Muhammad.
Offence u/S. 13-XX-'65 Arms Ordinance is not compoundable. When appellant was granted AFW by the only wali of the deceased his sentence u/S. 302 PPC was remitted but he was sentenced u/Ss. 353, 365 and under Arms Ordinance as these offences are not compoundable. (D.B.) PLJ 1992 Cr.C. (Lah). 216, Tariq Mahmood etc.