MUHAMMAD NAZIR Versus THE STATE Imam Ali Kazi , A.A. Muhammad Ally, A.A.G.

1. Applicant Muhammad Nazir was tried by Civil Judge and F.C.M. Shahdadpur, for the offence of punishable under section 16‑B of the Arms Ordinance, he has been convicted and sentenced to undergo R.I. for 2 years. He filed appeal and learned Sessions Judge Sanghar, vide his judgment, dated 27‑2‑1975 maintained the conviction but reduced the sentence from 2 years to, one year.

2. Mr. Imam Ali Kazi contended that the applicant in his statement under section 342, Cr.P.C. has stated that he had come to Shahdadpur when reached at land of Ali Nawaz he noticed that he left his purse in his house, therefore, he left gun with Ali Nawaz. In the meanwhile, the police came and arrested Ali Nawaz. He has argued that applicant had not handed over the gun to Ali Nawaz for committing any offence He has cited a case reported as P L D 1967 Pesh. 103.

3. Mr. A.A. Muhammad Ally, A.A.‑G. for the State, submitted that applicant has not deliberately handed over his licensed gun to Ali Nawaz, therefore, he is entitled to acquittal.

4. There are some facts which are not disputed. The licensed gun of the applicant was with Ali Nawaz and it was not loaded. The applicant has admitted that he bona fidely left his gun with Ali Nawaz. There is A nothing on record that applicant had given gun to Ali Nawaz for committing for any offence. To bring the case under the mischief of clause (b) of section 16‑B of Arms Ordinance, 1965 there must be legal evidence to prove that the licence had voluntarily delivered the fire‑arm to a person who was not authorised to possess the same, or that he (licensee) had voluntarily permitted him to take into possession the fire‑arm. In this case possession was temporary with no intention to commit offence "or use it".

5. The case of Hassan Khan v. The State reported in P L D 1967 Pesh. 103, is relevant. In my view, the charge under section 16-B cannot be sustained. I, therefore, accept this Revision application and acquit the applicant. He is on bail. His bail bonds stand cancelled.

6. M.Y.H. Petition accepted.