MUNAWAR AHMED MIRZA, J.-Petitioner was apprehended on 5.7.1990 on the allegation of transporting six Klashnikove, one rifle of prohibited bore .1260 bullets and magazine etc. The said arms and ammunition was found concealed in the cavities of vehicle No. QAD-4145. F.T.R. No. 39/90 under section 13-E, Arms Ordinance and section 156(189) of Customs Act was registered with Kuchlak Police Station. It is the case of "prosecution that said ammunition was being smuggled from across the borders towards province of Sindh.
2. Mr. Inayat Kansi learned counsel for petitioner vehemently urged that .Offence under section 13-E is bailable, therefore, petitioner is entitled to bails of right. Reliance was placed on Shafiq versus The State (1983 P.Cr.LJ. 1296). Learned Assistant Advocate-General vehemently opposed the bail application pointing out that offence alleged against petitioner is now punishable for 7 years, besides under third proviso to section 13, Arms Ordinance, minimum punishment of 3 years has been prescribed regarding weapon of prohibited bore.
3. I have carefully considered the arguments addressed by learned counsel for parties. Evidently punishment prescribed under section 13-E has been enhanced from 3 years to that of 7 years by Act LXII of 1973 w.e.f. 5.7.1973 (PLD 1973 Central Statute P.552). Relevant portion is also reproduced below for ready reference:- "2. Amendment of section 13, W.P. Ordinance No. XX of 1965.- In the West Pakistan Arms Ordinance, 1965 (W.P. Ordinance No. XX of 1965) hereinafter referred to as the said Ordinance, in section 13,
(a) for the words "three years" the words "seven years" shall be substituted; and
(b) the following proviso shall be added at the end, namely:- "Provided that the punishment for an offence committed in respect of any-
(a) cannot, grenade, bomb or rocket; or
(b) light or heavy automatic weapon, rifle of .303 bore or over, musket of .410 bore or over or pistol or revolver of .441 bore or over, or ammunition which can be' fired from such weapon, rifle, musket, pistol or revolver, shall be imprisonment for a term which is not less than three years."
4. In the circumstances obviously offence covered by section 13, Arms Ordinance ceases to be bailable. It appears that said amendment was not brought to the notice of learned Judge of Lahore High Court while deciding the matter in aforequoted report. For reasons of change in law, I respectfully differ from the conclusions arrived at in the above-mentioned judgment.
Mr. Inayat Kansi Advocate then argued, that even if punishment is 7 years, Court has discretion to grant bail to the petitioner. In the instant case petitioner is involved for trafficking huge quantity of ammunition. Therefore, in my opinion circumstances do not call for exercising descretion in his favour.
Accordingly application is rejected.