Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: DOST MUHAMMAD alias DOSA VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Muhammad Rafique Tarar Title: DOST MUHAMMAD alias DOSA vs THE STATE Case No.: Criminal Miscellaneous No, 932/B of 1989 Date of Judgment:1989-03-29 Reported As: 1989 P Cr. L J 1784 Result: Petition dismissed
Judgment ORDER ' Dost Muhammad petitioner has moved this petition for bail in a case registered against him under section 13 of Arms Ordinance, 1965. 2. The F.I.R. Version is that on 6-2-1989 S.H.O. P.S. 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 25 live bullets and the same was taken into possession by the police. 3. Learned counsel for the petitioner contends that the offence does not fall within the prohibitory clause. The learned State counsel on the other hand submits that the offence falls under section 13-B of the Arms Ordinance which is punishable with imprisonment up to ten years, therefore, offence falls within the prohibitory clause. 4. I have considered the submissions made at the Bar. Ordinance XX of 1965 has since 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
---
## Page 2
punishable with imprisonment for a term which may extent to ten years and shall not be less than three years and fine. The petitioner was apprehended when he was going armed with a Kalashnikov. The evidence available on the record prima facie links him with the offence under section 13-B which falls within the prohibitory clause. This petition is, therefore, dismissed.