This is a petition under sections 520 and 561-A, Cr.P.C. By Rana Asghar Ali, petitioner, for modification of the order passed by the Magistrate Ist Class, Ferozewala, dated 31-6-1984 confiscating the disputed rifle and ordering the same to be forfeited to the State.
2. The brief facts of the case are that on 13-3-1987 a dacoity took place in the house of Rana Asghar Ali, petitioner. Alongwith the other household articles the dacoits took away the licensed .22 bore rifle No. 78697 (non --prohibited) belonging to the petitioner. A case regarding this dacoity was registered by the petitioner at Police Station Ferozewala vide F.I.R. No. 56 on 16-3-1981 under section 14/17 of the Hudood Ordinance VI of 1979. Subsequently on 24-1-1982 two culprits, namely, Haider alias Bashir and Muhammad Nawaz were arrested by the police, who were duly identified by the petitioner and the other inmates of the house. Apart from one Chaddar, the above mentioned rifle was recovered from Haider alias Bashir, accused, in respect of which a separate case under section 13 of the Arms Ordinance was registered against the said accused at Police Station Ferozewala vide F.I.R. No. 17 lodged on 24-1-1982. Haider, accused, was acquitted by Mr. Munawwar Hussain Cheema, M.I.C., Ferozewala, on 31- 7- 1984 in the case against him under the Arms Ordinance. The petitioner's rifle, which was recovered from Haider, accused, was ordered to be confiscated to the State. Through the present petition the petitioner desires that the disputed rifle be ordered to be delivered to him, as he is the licence-owner of the same.
3. I have heard the arguments of the learned counsel for the petitioner and the State and have perused the trial Court file regarding the case against Haider, accused under the Arms Ordinance.
It appears that the said rifle was sent to the Forensic Science Laboratory for examination. The report of the Director, Forensic Science Laboratory, dated 5-4-1982, which has been placed on the record, shows that the number of the rifle had been erased away, but that laboratory test had revealed that the original number of the same was '78697'. The petitioner has placed on record the photostat copy of his arms licence, which shows that he is the licencee/owner of the said rifle No. 78697. The learned counsel for the State has no objection to the said rifle being delivered into the custody of the petitioner, subject, however, to the delivery being given to the petitioner presently on Sapurdari, as the case against Haider and Muhammad Nawaz, accused, under section 14/ 17 of the Hudood Ordinance VI of 1979 is still pending. In this view of the matter, the petitioner has made out a case for the delivery of the said rifle to him.
4. For the foregoing reasons, this petition is accepted and the order of Mr. Munawwar Hussain Cheema, M.I.C., Ferozewala, dated 31-7-1984 passed in the case titled State v. Haider under section 13 of the Arms Ordinance, is modified to the extent that rifle No. 78697 shall be delivered to Rana Asghar Ali, petitioner, on Sapurdari in case F.I.R. No. 56 of 1981 registered at Police Station, Ferozewala by the learned Sessions Judge, Sheikhupura. Who is presently trying that case. The learned Sessions Judge, Sheikhupura, shall be entitled to take such security from the petitioner as he may deem fit and reasonable in the said connection.