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Criminal Miscellaneous No. 78-Q of 1982, decided on 27th November, 1982.

-- S. 561-A read with West Pakistan Arms Ordinance (XX of 1965), S. 13 and Arms Rules, 1924, rr. 12 (2), 13 & 14-Quashing of pro ceedings-Petitioner holding gun under a valid licence but case under S. 13, Arms Ordinance registered against him on ground that he failed to get his licence renewed for about 51 months after its expiry-Contention that possession of petitioner on day case registered against him being within six months of expiry of such licence while licence was due to expire after seven months of expiry date as provided in sub-rules (2) & (3) of r. 12 of Arms Rules, his possession could not be considered as unlawful-Contention, held, correct and petitioner committed no offence under S. 13 of Arms Ordinance-Proceedings quashed, in circumstances.

Irshad Hussain Jaffary for Petitioner.

Khalid Alvi for the State,

This is an application for the quashment of proceedings under secion 13 of the Arms Ordinance, 1968 against the petitioner pending adjudication before M. I. C., Khanewal.

2. The prosecution case is that the petitioner was holding a single barrel .12-bore gun under a licence which was to expire, on 31st December, 1979. Since the licence was not renewed upto 12th May, 1980 when the gun was taken into possession, the petitioner was challaned to face trial under section 13 of the Arms Ordinance, 1965. The learned counsel for the petitioner has approached the trial Court under section 249-A, Cr. P. C. for his acquittal. His request has been rejected, vide order, dated 20th October, 1982. Hence this petition for quashment under section 561-A, Cr. P. C.

3. The learned counsel for the petitioner submits that the possession of the petitioner on 11th May, 1980 was not unlawful inasmuch as under sub-rule (4) to rule 12 and under sub-rules E2) and (3) of rule 13, the licence could be renewed within 7 months of its expiry, i.e. 31^st December, 1979.

The learned counsel for the State has not controverted this submission.

4. After bearing the learned counsel and going through the record I find that the petitioner was holding gun under a valid licence which was to expire on 31st December, 1979. The gun however, was recovered from him on 12th May, 1980 and a case under section 13 of the Arms Ordinance was registered against the petitioner on the ground that he did trot get the licence renewed. It would be convenient to reproduce the relevant Rules.

"Sub-rule (4) to rule 12.--The licence may be renewed after three months but before the lapse of six months of the date of expiry thereof under the orders of the Licensing Authority on the payment of four times the normal renewal fee and such intimation shall be seat by the Licensing Authority to the Post Master where the licence was registered and the licensee shall pay the revewal fee at such Post Office."

Sub-rule (2) to rule 12. --The licence may be renewed by the District Magistrate without the renewal fee within 3 months of its expiry, i.e. by 31st March of every year : provided that the licence granted or renewed upto 31st December, 1969, shall be renewed within 7 months of its expiry, f. e. 31st July, 1970."

Sub-rule (3) to rule 12.--"If the licensee fails to apply for renewal of his licence within the period specified in clause (2), his licence shall expire after the expiry of that period." ;

The bare reading of these rules makes it crystal clear that the posses sion of the petitioner on 12th May, 1980, i.e. within 6 months of the expiry of the licence i.e., 31st December, 1979 was not unlawful because the licence under sub-rule (3) to rule 12 and sub-rule (4) to rule 12 had to expire after 7 months of the expiry i.e. 31st December, 1979.

5. In these circumstances, I am of the opinion that by holding gun on 12th May, 1980, the petitioner has not committed an offence punishable under section 13 of the Arms Ordinance, 1965 and as such the proceeding against him amount to an abuse of the process of the Court.

For what has been stated above, this petition is accepted and the proceedings against the petitioner under section 13 of the Arms Ordinance, 1965 pending before the Magistrate Ist Class are hereby quashed.

S.G.D. Proceedings quashed.

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