ARSHAD ALI vs THE STATE
This matter concerns a bail application filed by the petitioner, Arshad Ali, who was charged under Section 7 of the Surrender of Illicit Arms Act, 1991, for possessing an unlicensed 30-bore pistol. The core legal question was whether the mere possession of an unlicensed firearm constitutes an offence under the Surrender of Illicit Arms Act, 1991. The Court held that the Act of 1991 does not criminalize the mere possession of unlicensed arms, which remains an offence under the West Pakistan Arms Ordinance, 1965. Instead, the Act of 1991 specifically penalizes the failure to surrender illicit arms within a timeframe notified by the Federal Government. The Court observed that no such notification had been produced, nor was there evidence that the petitioner failed to surrender the weapon by a prescribed date. Consequently, the Court found reasonable grounds to believe the petitioner was not guilty of the specific offence charged under the 1991 Act and granted bail. The key principle established is that the Surrender of Illicit Arms Act, 1991, is not a general statute for unlicensed weapon possession but is limited to the failure to surrender weapons as mandated by government notification.
- Does the mere possession of an unlicensed firearm constitute an offence under the Surrender of Illicit Arms Act 1991?
- Is the failure to surrender arms within a notified period a prerequisite for an offence under the Surrender of Illicit Arms Act 1991?
- Under which statute is the possession of an unlicensed firearm properly punishable?
- Section 7, Surrender of Illicit Arms Act 1991
- Section 4(1), Surrender of Illicit Arms Act 1991
- West Pakistan Arms Ordinance 1965
ORDER
KHALIL-UR-REHMAN RAMDAY, J.~ 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 Noshehra 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 authorising 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/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 or 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(1) 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 place on record nor does any such Notification 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, Nowshera 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.