Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Pakistan Arms Ordinance (XX of 1965), S.13---Explosive Substances Act (VI of 1908), S.5---Anti-Terrorism Act (XXVII of 1997), S.7---Possessing unlicensed arms, making or possessing explosives, act of terrorism---Bail, grant of---Further inquiry---Offence under S.13 of Pakistan Arms Ordinance, 1965 was bailable according to Schedule II of Cr.P.C. under the heading "offences against other laws"---Recovered items fell under Pakistan Arms Ordinance, 1965 and there was nothing to attract application of S.5 of the Explosive Substances Act, 1908---Alleged recovery had been effected from a residential room of the raided house; and it was yet to be established by the prosecution that accused was in exclusive possession of the raided house, as well as of the residential room---To know and assert that it was only the accused, and nobody else who owned and possessed said house and the residential room, required further enquiry, which fact would entitle accused for his release on bail---No report of Ballistic Expert was available on the file which could show that recovered arms and ammunitions were in working condition---Accused having made out a case for the purpose of bail, accused was admitted to bail, in circumstances. 2013 SCMR 834 rel. JUDGMENT LAL JAN KHATTAK J.---Petitioner Ikram Khan has applied this court for his release on bail in case registered against him under section 13 of the West Pakistan Arms Ordinance 1965, section 5 of the Explosive Substances Act, 1908 and section 7 of the Anti-Terrorism Act, 1997 at Police Station Kulachi of District D.I.Khan vide F.I.R. No. 221 dated 31-7-2013. 2. Short facts of the case are that during a search operation in the area S.H.O. Asghar Ali Shah of Police Station Kulachi raided a house in village Rori and recovered from a residential room of the house a Rocket Launcher with four shells, two Mark four rifles, one rifle of .303 bore and one .12 bore shotgun double barrel. The petitioner was found present in the room and so was arrested as accused for possessing the aforesaid arms and ammunition without any licence under the law. 3. Learned counsel for the petitioner in…

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