Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Penal Code (XLV of 1860)

Section: 395

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Penal Code (XLV of 1860), S. 395---Constitution of Pakistan, Art. 185(3)---Dacoity---Bail, grant of---Further inquiry---FIR stated that three sub-machine guns and one pistol, gold ornaments and mobile phones were stolen when the dacoity was committed---In view of the fact that the description of the petitioner (accused) was not mentioned in the FIR, it brought into question the identification parade---None of the stolen goods were recovered from the petitioner which made the present case one of further inquiry---Petition was converted into appeal and allowed, and petitioner was granted bail. (b) Constitution of Pakistan--- ----Arts. 9, 25 & 184(3)---Arms Rules, 1924, Sched. 1 [since repealed]---Prohibited bore weapons, license for---Issuing authority---Discrimination in issuing licenses---During hearing of a petition filed by the petitioner (accused) seeking bail in a dacoity case, the Supreme Court asked the Investigating Officer ('IO') whether he had inquired from the complainant or the owner of the stolen firearms to produce their licenses and the Supreme Court was informed that the same was not done---To establish that his stolen weapons were licensed the complainant produced a piece of paper issued by a Deputy Inspector General of Police, which purportedly was a license of a sub-machine gun (SMG) which was a prohibited bore weapon---Supreme Court observed that notifications were also issued by the government exempting the requirement of obtaining licenses or permitting licenses for prohibited bore weapons to certain categories of persons, including Chief Justices, Judges, Ministers, Parliamentarians, as mentioned in Schedule I of the Arms Rules, 1924 (since repealed)---Supreme Court further observed that the present case raised the following questions; first, under what legal authority had the Deputy Inspector General of Police, issued the document which purported to be a license to carry an SMG, which was a prohibited bore weapon?; second, whether licenses of SMG and other prohibited bore weapons could be issued?; third, if the answer to second question was in the affirmative, the applicable…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492