Law: Arms Act (XI of 1878)

Section: 19(f),20

(a) Arms Act (XI of 1878)------   -----S. 19(f)-Rifle and cartridges dug out and recovered from spot pointed out by accused-Conviction without proof of exclusive possession of spot by accused-Not legal.   Gian Chand v. Emperor 146 I C 232 and Mansur Khan v. Emperor A I R 1943 Pesh. 20 ref:   (b) Arms Act (XI of 1878)-------   -----S. 20-Illegal possession of arms within meaning of section-Something more than mere ordinary concealment to be established.   Date of hearing: 7th March 1963.     JUDGMENT   This petition has been filed under section 439, Cr. P. C. by Rahmat alias Rahman, son of Allah Ditta, resident of village Rokhe, within the limits of Police Station Naushera Virkan in District Gujranwala, who was convicted by Mr. S. M. Hamdani, Resident Magistrate 1st Class, Hafizabad, of an offence punishable under section 20 of the Arms Act and sentenced to suffer rigorous imprisonment for one year, and whose appeal against his conviction and sentence was dismissed by Mr. Muhammad Saleem, Sessions Judge, Gujranwala.   According to the prosecution the petitioner, while he was being interrogated in connection with the investigation of some other cases, revealed that he had concealed a rifle and some cartridges at a certain spot and offered to lead a police party there and get them recovered. On getting this information from him, Sub-Inspector Muhammad Yakub of the C. I. A. arranged for a police party. Accordingly, the petitioner led Sub-Inspector Muhammad Yaqub, Sub-Inspector Meraj Din, Nur Muhammad, Lambardar and Muhammad Buta to the Spot where he had, according to his version, concealed the rifle and the cartridge in question. On his arrival there he dug out the said rifle and the cartridges and handed them over to Sub-Inspector Muhammad Yaqub, who secured them in the presence of N Muhammad, Lambardar and Muhammad Buta.   The petitioner in course of his defence stated to the effect that he had been falselyimplicated in this case by Sub-Inspector Muhammad Yaqub, who was his enemy, and it was he who had got him involved by Nur Muhammad, Meraj Din. and Muhammad Buta in the recovery of the rifle and the cartridges in…