1996 PLP 1031 (MLD)

Muhammad Soba, petitioner, alongwith others was challaned in case F.I.R. No.565 of 1993 under section 302/324/148/149, P.P.C. During the trial, a compromise was effected between the heirs of the deceased and the present petitioner and others as a result of which the petitioner was acquitted alongwith others by the learned Additional Sessions Judge vide order, dated 16‑8‑1994.

2. The licensed rifle alongwith the licence belonging to the petitioner was taken into possession by the police during the investigation but no case under section 13 of Arms Ordinance XX of 1965 was registered against the petitioner. The learned trial Court while acquitting the petitioner did not pass any order with regard to return of the rifle .222 alongwith licence.

3. The petitioner moved an application before the learned trial Court for return of the licence and the rifle. The application was dismissed by the learned Additional Sessions Judge vide the impugned order, dated 25‑9‑1994.

4. I have heard learned counsel for the petitioner as well as the State at sufficient length. Admittedly the rifle was a licensed one and was recovered from the possession of the petitioner alongwith licence, so while acquitting the accused‑petitioner from the charge should have returned the same to the holder of the licence from whom the police had taken the same into possession. The observation of the learned trial Court that the Government has directed the police to collect illicit arms which are being used by the offenders frequently is not tenable in the case in hand on the ground that firstly the rifle in question was a licensed one and secondly it is not the function of the Courts to collect illicit arms as it is the function of the police and thirdly the petitioner has got a valid licence for rifle. Section 12 of West Pakistan Arms Ordinance, 1965 (Ordinance XX of 1965) provides the procedure for cancellation and suspension of licence which for facility of reference may be reproduced as under:‑‑ "

12. Cancellation and suspension of licence.‑‑ (1) Any licence may be cancelled or suspended‑‑‑ (a) .............................................................................. (b) By any Judge or Magistrate before whom the holder of such licence is convicted of an offence against this Ordinance or against the 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. " In the instant case, as the petitioner was holding a licence for possessing the rifle .222, therefore, no case under Arms Ordinance was registered. Since no case under Arms Ordinance was registered, as such, the learned trial Court had no jurisdiction to confiscate the rifle and the licence thereof in favour of the State.

5. The controversy involved in this petition came up for consideration before the High Court and Honourable Mr. Justice Muhammad Munir Khan (as his Lordship then was) was pleased to observe as under:‑‑ "I find that since the rifle and revolver were not unlicensed arms and were recovered from the possession of the petitioner, so while acquitting the accused of the charge of using these fire‑arms for the murder of the deceased, the trial Court should not have confiscated the fire‑arms in favour of the State and it should have returned the same to the licence‑holders from whom police had taken the same into possession."

6. In view of clear provisions of section 12 of Arms Ordinance and the law laid down by the High Court in Amanat Ali's case, I have no hesitation in accepting this revision petition. It is ordered accordingly and the impugned order, dated 25‑9‑1994 of the learned Additional Sessions Judge, Lahore is hereby set aside. The District Magistrate, Lahore is directed to return rifle .222 and licence thereof to Muhammad Suba, petitioner. If in the meantime, the licence of the petitioner has not been renewed, he may approach the District Magistrate for renewal of licence who shall do the needful in accordance with law as the delay was not due to any fault on the part of the petitioner. With these observations, the revision petition is allowed. H.B.T./M‑2715/L Revision accepted.