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JANUS KHAN versus THE STATE


Criminal Code of Conduct (CR PC) Section 497 People Code (XLV of 1860), Section 216 West Pakistan Arms Ordinance (XX of 1965), Section 13 Illegal Arms Act (XXI of 1991), Section 7 Explosives Act (VII) 1908), Section 5 Terrorism Activities (Special Courts) Act (XV of 1975), Section 4 Bail, Section 4's Approval of Suppressing Terrorism Activities (Special Courts) Act 1975 did not apply to the case of the accused. It was repealed before the said act. Kalashnikov's recovery from the accused and his case will be dealt with under the Anti-Terrorism Act 1997. The question is whether the plea filed by the accused was yet to be decided under the definition of terrorism and, unless this decision is made, will come under Section 13, West Pakistan Arms Ordinance, 1965 on the accused's case, The only clause that came under the prohibition clause of section 497 was Section 7 of the CCP License or Arms Act 1991, which was to hold arms without a license or permit. It would be a crime under the West Pakistan Arms Ordinance, 1965, but surrendering under the Illegal Arms Act 1991, when the government would demand the people to surrender such weapons within a specified time and according to the arms within that period. Or weapons were not included in the extension. The length of this period was to be provided under Section 4 of the Delivery of Illegal Arms Act, 1991, under which notification must be issued to the federal government, under which each person has to surrender arms and any item is subject to crime. It cannot be said that unless the notification was issued by a government prosecution called, in the present case, any such notification

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