Law: West Pakistan Arms Ordinance, (XX of 1965)

Section: 3(b)(iii),13

West Pakistan Arms Ordinance (XX of 1965)--- ----Ss. 3(b)(iii) & 13---Possession of arms--Appreciation of evidence---Complainant/Police Officer had alleged that during investigation of case registered against petitioner/accused under Ss.302/324/34, P.P. C., on pointation of accused a Chhuri was recovered from him in presence of witnesses---Complainant in his cross-examination, however, had admitted that Chhuri allegedly recovered from accused was of ordinary pattern available in the market---According to definition of S.3(b)(iii) of West Pakistan Arms Ordinance, 1965, no doubt knives with blades of 4 inches or more would come under the definition of "arms", but kitchen knives or knives used in good faith for carrying on of a profession, had specifically been excluded from the definition---Pattern of Chhuri allegedly recovered being trend of ordinary kitchen knife/chhuri normally used in every house, would not fall within the definition of "arms", which could not be possessed or kept by a person, until and unless a licence was issued by the competent authority, and was punishable under S.13 of West Pakistan Arms Ordinance, 1965---Where the F.I.R. was not proved, sole recovery witness had contradicted the statement of the complainant; and above all the recovered Chhuri did not fall within the definition of "arms", conviction and sentence recorded by the Trial Court, upheld by Appellate Court, were not sustainable in the eyes of law---Impugned conviction and sentence of the petitioner passed by the courts below, were set aside; and accused was acquitted of the charge and was released from jail, in circumstances. JUDGMENT SAGHEER AHMAD QADRI, J.-Petitioner Ali Asghar son of Muhammad Younas the convict in case F.I.R_ No. 583 dated 26-9-2003 registered at Police Station Gujar Khan under section 13 of the West Pakistan Arms Ordinance (No.XX) 1965, challenged his conviction and sentence passed by the learned Judicial Magistrate Gujar Khan vide judgment dated 7-4-2010 whereby he was convicted and sentenced to undergo 3 years’ R.I. with benefit under section 382, Cr.P.C. However, in appeal vide judgment dated 29-9-2010 passed by the learned Additional Sessions Judge,…

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