2002 PLP 12 (YLR)

Muhammad Shan Gul for the A.-G. Punjab (On call). Adnan Shuja Butt for the State. Arshad Ali petitioner is in custody on account of having allegedly committed an offence punishable under section 7 of the Surrender of Illicit Arms Act No.XXI of 1991. It was alleged through F.I.R. No.260 dated 8-7-2000 of Police Station Noshera Virkan of District Gujranwala that he was found in possession of a .30 bore pistol which carried 2 live bullets in its magazine and was not possessed of any licence authorizing him to possess the said weapon.

2. Relying upon a judgment dated 29-10-2001, passed by my learned brother Asif Saeed Khan Khosa, J. in Crl. Misc. No.2405/B of 2001, submits that no offence under the said Act No.XXI of 1991 was made out against the petitioner and that he was, in the circumstances, entitled to be released on bail.

3. The Surrender of Illicit Arms Act No.XXI of 1991 which was enacted in December, 1991, was to come into force in such areas and on such dates as the Federal Government was, on recommendations of the respective Provincial Government, to notify in the official Gazette. It was through a Notification dated 15-6-2001 issued by the Interior Division in the Government of Pakistan that the said Act No.XXI of 1991 was enforced in the Province of the Punjab as from 20-6-2001. Section 4(1) of the said Act No.XXI of 1991 reads as under:- "All persons in possession or control of any illicit arms shall surrender such arms within such time as is notified by the Federal Government to the Deputy Commissioner, Assistant Commissioner or Officer -in-Charge of a Police Station within whose jurisdiction such persons ordinarily reside on to such other authority as may be specified by the Federal Government by Notification in the official Gazette."

4. From a perusal of the above quoted provisions of section 4(l) of the said Act of 1991, it becomes clear that what is the offence envisaged by this Act is not possession of illicit arms, which is an offence punishable under the West Pakistan Arms Ordinance of 1965, but is, in fact, the act of the holder of an unlicenced weapon in not surrendering the same within such time as is notified by the Federal Government. Therefore, a person could be said to have committed an offence under this Act of 1991 if he was in possession of an unlicenced weapon and had not surrendered the same within the time prescribed by the Federal Government through a Notification issued by it. I have repeatedly called upon the Government to show me the Notification issued under section 4 of the said Act No.XXI of 1991 but none has been placed on record nor does any such Notificaiton appear to have been issued. Even otherwise, it is not clear from the F.I.R. in question that the petitioner was in possession of the illicit weapon prior to any target date and that he had not allegedly surrendered the said weapon before the said date.

5. As has been mentioned above, this Act of 1991 cannot be used to arrest the people only on the accusation of being possessed of fire-arm weapons without a proper licence. Such an act is an offence not punishable under this Act but punishable under the West Pakistan Arms Ordinance No.XX of 1965.

6. In view of what has been noticed above, there are reasonable grounds to believe that the petitioner was not guilty of the offence alleged against him in which view of the matter this petition is allowed and the petitioner is directed to be released on bail in case F.I.R. No.260 dated 8-7-2001 of Police Station, Noshehra Virkan of District Gujranwala subject to his furnishing security in the sum of Rs.10,000 (Rupees ten thousands) with two sureties each in the like amount to the satisfaction of the learned trial Court. H.B.T./A-364/L Bail granted.