1989 PLP 2922 (MLD)

Tasleem Ahmad alias Pappu petitioner has moved this petition for bail in a case registered against him under section 13 of the Arms Ordinance, 1965.

2. The F.I.R. version is that on 6-2-1989 S.H.O., Police Station Old Anarkali, Lahore received secret information that Abdul Wadood Khan alias Wadoodi Pathan and nine others, armed with fire-arms, were going in a pick-up to commit a dacoity. He organised a raiding party and checked the pick-up in Chowk McLegan Bank Road. The petitioner was found carrying a Kalashnikov loaded with .22 live bullets and the same was taken into possession by the police.

3. Learned counsel has drawn my attention to the recovery memo to contend that the weapon allegedly recovered from the petitioner was not a Kalashnikov but a .7 mm rifle. He submits that the offence does not fall within prohibitory clause. The learned State counsel has vehemently opposed the prayer. He submits that the offence falls under section 13-B of the Arms Ordinance which is punishable with imprisonment upto ten years, therefore, no ground for the grant of bail is made out.

4. I have considered the submissions made at the Bar in the light of material available on the record. In the F.I.R. it has been stated that a Kalashnikof was recovered from the petitioner that, according to memo. of recovery, Kalashnikof 14 MM7 was recovered. On inquiry, the Investigating Officer states that actually it was a .7 mm rifle having the shape of a kalashnikov. According to him, the bullets recovered from its megazine were of .7 mm rifle. Ordinance XX of 1965 has single been amended by Ordinance XVI of 1988 and two new sections 13-A and 13-B have been inserted therein. Section 13-B reads as under-- "Whoever,-- (a) goes armed with a cannon, grenade, bomb, rocket or a light or heavy automatic or semi-automatic weapon, such as a kalashnikov, a G-III rifle or any other type of assault rifle, in contravention of the provisions of section 8; or (b) has in his possession or under his control any of the arms or weapons referred to in clause (a) or ammunition which can be fired from such weapon, in contravention of section 9; shall be punishable with imprisonment for a term which may extend to ten years and shall not be less than three years and fine." The petitioner was apprehended when he was going armed with a .7 mm rifle. This weapon is covered by clause (a) of section 13-B. The offence falls within the prohibitory clause. I am, therefore, not inclined to admit him to bail. The petition is dismissed. N.H.Q./T-60/L Bail refused.