Law: Sindh Arms Act, 2013

Section: 2(b),(c),(d),(h),24

Law: Criminal Procedure Code (V of 1898)

Section: 497(2),497(1)

(a) Sindh Arms Act ( V of 2013)--- ---Ss. 2(b), (c), (d) & (h)---"Arms", "firearms" and "ammunition ", definitions of---Categorization of weapons---Separate definitions of "arms", "firearms" and "ammunition" provided in Sindh Arms Act, 2013 showed that they related to different category of weapons---Meaning of "arms" provided in the said Act specifically included rifles, pistols, revolvers, grenades, swords, bayonets and other lethal weapons, while no such weapons had been included in the meaning of "firearms"-Different definitions provided for the words "arms-", "firearms" and "ammunition" left no doubt that intention of legislature was to categorize weapons. (b) Sindh Arms Act ( V of 2013)--- --S. 2(d)---"Firearms", meaning of---"Riot pistol"--Scope---Word "riot pistol" used in the meaning of "firearms" provided in Sindh Arms Act, 2013 was not be confused with a "pistol" because "riot pistol" (or less lethal launcher) was a type of firearm that was used to fire non-lethal ammunition for purposes of suppressing riots. Criminal Procedure Code (V of 1898)---- ---S. 497(2)---Sindh Arms Act ( V of 2013 ), Ss.2 & 24---Possessing unlicensed arms-- Bail, grant of---Further inquiry---"Arms", definition of---Scope--"Pistol"---Police allegedly recovered an unlicensed pistol from possession of accused---Unlicensed pistol fell within the definition of "arms" provided in S.2(c) of Sindh Arms Act, 2013---Section 24 of Sindh Arms Act, 2013 provided maximum punishment up to 10 years imprisonment for possessing arms or ammunition, licensed or unlicensed, with the aim to use them for any unlawful purpose, therefore, alleged offence did not fall within the prohibitory clause of S.497(1), Cr. P.C---Trial Court had to decide whether accused, if found guilty, would be liable to the maximum punishment provided under S.24 of Sindh Arms Act, 2013, and such fact made the case one of further inquiry---Record was also silent as to whether accused was a habitual or previous convict---All witnesses were police officials---Accused was no more required for further investigation, and case was pending before Trial Court for adjudication of guilt, therefore, there was no likelihood of…

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