2016 P Cr (PLP)

QAISER RASHID KHAN, J.

Through the petition in hand, the petitioner seeks bail in case FIR No.412 dated 09.03.2016 under sections 15, 17 of Khyber Pakhtunkhwa Arms Act, 2013 read with section 7 Anti-Terrorism Act, 1997, Police Station, Pahari Pura, Peshawar after the said concession was declined to him by the learned court below.

2. Allegations against the accused-petitioner are that he along with his co-accused while travelling in a motorcar were signalled by the police to stop and while his co-accused made good their escape, he was apprehended and the search of the vehicle led to the recovery of huge quantity of arms and ammunitions, hence the FIR ibid. Arguments heard and available record perused.

3. It was on spy information about the smuggling of huge quantity of illegal arms and ammunitions for the purpose of terrorism in a motorcar bearing registration No.LRK-1444 coming from the tribal territory when a nakabandi was laid on the spot and when the said motorcar was signaled to stop, its driver sped away the vehicle and after brief a chase, the driver stopped the vehicle and while four persons made good their escape due to darkness, the accused-petitioner was apprehended. The search of the secret cavities led to the recovery of huge quantity of arms and ammunitions.

4. All that the learned counsel for the petitioner vehemently pleaded was that the accused-petitioner has been falsely roped in the instant case; that he is a juvenile and to this effect he produced a copy of School Leaving Certificate issued by Hira Grammar School. He also contended that section 7, A.T.A. is not attracted in the instant case and the other sections of law under which the accused-petitioner has been charged do not attract the prohibitory limb of section 497, Cr.P.C. and that the case is one of further inquiry. Such contentions were vehemently resisted by the learned A.A.G.

5. Undoubtedly, a good number of arms and 6000 rounds of various bores were recovered from the vehicle wherein the accused-petitioner was accompanying his co-accused. As per the FIR, the accused-petitioner not only disclosed the names of his four absconding co-accused but also the presence of the secret cavities and arms/ammunitions in the vehicle. As such he cannot plead innocence and feign ignorance regarding the same. As far as his plea of juvenility is concerned, I am afraid the same is not available to him on the basis of a mere undated copy of his school leaving certificate issued by a local school. Why such huge quantity of illicit arms and ammunitions were stashed away in the secret cavities of the car certainly raise eyebrows about the intentions of the accused-petitioner and his four absconding co-accused. As such taking a tentative assessment of the available record, the accused-petitioner is prima facie linked with the commission of the offence which is both serious and heinous in nature and certainly attracts the prohibitory limb of section 497, Cr.P.C. and hence he is held disentitled to the concession of bail.

6. Given the rising tide of militancy and terrorism during the last few years, it has been noticed that nameless and faceless terrorists employ and recruit young boys in their early teens to carry out their nefarious designs through various acts of terrorism. Mostly, suicide bombers have also been found to be in their early teens but indoctrinated to the extent of blowing themselves to pieces and also bringing about havoc in the society. This is one aspect of the matter.

7. The recent trend in the availability of arms and ammunitions in the hands of ordinary folk has also attained alarming proportions and the society has been militarized resulting in gory details of gruesome killings over trifles. It was Martin Luther King Jr. who said in the early 60s that "in a country where arms are purchased at will and fired at whim, we are creating a society where violence and hatred would become popular pastime". This is by way of a passing reference and keeping in view the overall situation in the country in general and the province of Khyber Pakhtunkhwa in particular. For reasons stated above, this petition is dismissed.

8. Before parting with this order, it is directed that any observations recorded in this order, being purely tentative in nature, should in no way prejudice the proceedings before the learned trial court where the case be decided strictly on its own merits after recording evidence. HBT/159/P Bail refused.