JALAL vs THE STATE
This criminal petition concerns an application for post-arrest bail filed by the petitioner, Jalal, who was charged under Section 7 of the Surrender of Illicit Arms Act, 1991, following the recovery of an unlicensed .30 bore pistol. The core legal question before the Court was whether the petitioner could be prosecuted under the Surrender of Illicit Arms Act, 1991, in the absence of a specific notification issued by the Federal Government as required by Section 4 of the said Act. The Court held that because the State failed to produce the necessary notification under Section 4, the petitioner could not be charged with contravening an order of the Federal Government under that Act. Consequently, the Court determined that the prosecution must proceed under the ordinary law, specifically Section 13 of the Pakistan Arms Ordinance, 1965, which carries a maximum punishment of three years. Given that the offense under the ordinary law is bailable, the Court accepted the petition and granted bail to the petitioner, subject to the furnishing of a bail bond.
- Can a person be prosecuted under the Surrender of Illicit Arms Act, 1991, without the production of the notification required by Section 4 of the Act?
- Does the failure to produce a required government notification necessitate the application of ordinary law instead of special legislation?
- Is an offense under Section 13 of the Pakistan Arms Ordinance, 1965, considered a bailable offense?
- Section 7, Surrender of Illicit Arms Act, 1991
- Section 4, Surrender of Illicit Arms Act, 1991
- Section 13, Pakistan Arms Ordinance, 1965
ORDER
Jalal (petitioner) is involved in a case under section 7 of the Surrender of Illicit Arms Act, 1991, registered at Police Station Kot Mubarak, Dera Ghazi Khan, vide F.I.R. No,272 of 2001. On 5-9-2001, he was allegedly found in possession of unlicensed pistol of .30 bore.
2. Mr. Muhammad Sarwar Bhatti, learned A.A.-G. Has not been able to produce the notification under section 4 .Of the said Act.
3. In the absence of any notification, the petitioner cannot be said to have contravened any order of the Federal Government. Resultantly, the petitioner would be prosecuted under the ordinary law w,e,f, under section 13 of the Pakistan Arms Ordinance XX of 1965, which entails punishment up to three years. Considering the involvement of the petitioner in a bailable case, I accept this petition and enlarge the petitioner on bail subject to furnishing bail bond in the sum of Rs,20,000 (Rupees twenty thousand) with one surety in the like amount to the satisfaction of the learned trial Court.