S.M. ZUBAIR, J.- The petitioner who is involved in a case under Section 1-C of Surrender of Illicit Arms Ordinance XX of 1991, arising out of F.I.R. No. 171/92, dated 7.11.1992, registered at Police Station B- Division Gujrat, seeks to be admitted to bail.
2. Briefly the allegation against the petitioner as per F.I.R. Is that he while in custody in connection with another case registered against him disclosed that he can get recovered a pistol 30-bore from a room of his house and on his Plantation illicit pistol was recovered from him for which the aforesaid case was registered against the petitioner.
3. The learned counsel for the petitioner contended that the Surrender of Illicit Arms Ordinance XX is a dormant piece of legislation as is evidence from sub-Section (3) of Section 1 of the Act because its enforcement is dependent on the issuance of Notification by the Provincial Government.
Elaborating his argument, he further submitted that there is no Notification on the record by the Punjab Government enforcing the Provision of the aforesaid Act, hence the very registration of the case against the petitioner is open to serious legal objection and the case against the petitioner is one of further inquiry and he is entitled to the grant of bail. He placed reliance on 1992 M LD 1618.
4. The learned counsel for the State assisted by the Police Officer, failed to controvert the assertion of the learned counsel for the petitioner referred to above.
5. I have heard the learned counsel for the parties and perused the record. I find great force in the submission of the learned counsel for the petitioner as in the absence of the Notification under sub-section (3) of Section 1 of the Act by the Punjab Government, the registration of the case against the petitioner under the aforesaid Act is open to serious legal objection, hence the case against the petitioner is one of further inquiry, so the petitioner is admitted to bail provided he furnishes bail bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the Illaqa Magistrate.