1997 P Cr (PLP)
MUHAMMAD SHAHID — Applicant Versus THE STATE — Respondent
| Citation | 1997 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | MUHAMMAD SHAHID — Applicant Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 1997 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1997 P Cr (PLP)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1997 P Cr (PLP) (MUHAMMAD SHAHID — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- According to the prosecution story the applicant who is already arrested in some other cases voluntarily stated that he could produce pistol. He led the police and Mashir to his house and he produced one pistol .30 bore alongwith five cartridges. Heard the learned Advocate for the applicant and. the State. The applicant is allowed to have produced .30 bore pistol and five live cartridges.
- The learned Advocate for the State concedes that according to police paper available with him he cannot make statement whether the recovered pistol is automatic and semi-automatic and T.T. Pistol. Clause (c) of the Schedule of Suppression of Terrorist Activities (Special Courts) Act, 1975, provides that if violation of sections 8, 9 and 10 if committed in respect of a cannon, grenade, bomb or rocket, or a light or heavy automatic or semi-automatic weapon such as Klashnikov, G-III rifle or any other type of assault rifle. An amendment to this schedule is promulgated to include T.T. Pistol. As there is no evidence with the prosecution at this stage that allegedly recovered pistol comes within the definition of the Arms under clause (c) of the Schedule. The case needs further inquiry and the applicant is entitled to be released on bail. The applicant be released if he furnishes surety in the sum of Rs.1,00,000 and P.R. Bond in the like amount to the satisfaction of the Nazir of this Court.
Headnotes / Summary
S. 497
West Pakistan Arms Ordinance (XX of 1965), S.13-D
Suppression of Terrorist Activities (Special Courts) Act (XV of 1975), Sched., cl.(c)
No evidence was available with the prosecution at such stage to show that the pistol allegedly recovered from the accused fell within the description of Arms made in cl. (c) of the Sched. attached to the Suppression of Terrorist Activities (Special Courts) Act, 1975
Case against accused, thus, required further inquiry and he was consequently released on bail.
Judgment & Decree
S. 497
West Pakistan Arms Ordinance (XX of 1965), S.13-D
Suppression of Terrorist Activities (Special Courts) Act (XV of 1975), Sched., cl.(c)
No evidence was available with the prosecution at such stage to show that the pistol allegedly recovered from the accused fell within the description of Arms made in cl. (c) of the Sched. attached to the Suppression of Terrorist Activities (Special Courts) Act, 1975
Case against accused, thus, required further inquiry and he was consequently released on bail. Sardar M. Ishaq for Applicant. Ashiq Raza for A.-G. The applicant is involved in Crime No.173/95 Police Station Brigade, Karachi under section 13-D, Arms Act. According to the prosecution story the applicant who is already arrested in some other cases voluntarily stated that he could produce pistol. He led the police and Mashir to his house and he produced one pistol .30 bore alongwith five cartridges. Heard the learned Advocate for the applicant and. the State. The applicant is allowed to have produced .30 bore pistol and five live cartridges. The learned Advocate for the State concedes that according to police paper available with him he cannot make statement whether the recovered pistol is automatic and semi-automatic and T.T. Pistol. Clause (c) of the Schedule of Suppression of Terrorist Activities (Special Courts) Act, 1975, provides that if violation of sections 8, 9 and 10 if committed in respect of a cannon, grenade, bomb or rocket, or a light or heavy automatic or semi-automatic weapon such as Klashnikov, G-III rifle or any other type of assault rifle. An amendment to this schedule is promulgated to include T.T. Pistol. As there is no evidence with the prosecution at this stage that allegedly recovered pistol comes within the definition of the Arms under clause (c) of the Schedule. The case needs further inquiry and the applicant is entitled to be released on bail. The applicant be released if he furnishes surety in the sum of Rs.1,00,000 and P.R. Bond in the like amount to the satisfaction of the Nazir of this Court. These are the reasons for our short order already announced. N.H.Q./M-77/K Bail allowed.