1. The petitioner stands charged under section 13 of the Arms Ordinance, Vide: F.I.R. No.429 dated 23- 7-1997, lodged in Police Station, Nowshera Cantt: His prayer for bail was rejected by the Judge, Special Court, Nowshera. Hence this bail petition.
2. 2.Mr. Arshad Mehmood Lodhi Advocate, learned counsel for the petitioner and Mr. Ziaur Rehman Assistant Advocate-General for the State present and heard. Record of the case perused carefully.
3. 3.The S.H.O. Police Station Nowshera Cantt: had received secret information that the petitioner, Muhammad Akram son of Muhammad Sher resident of Jabbi Sharif District Khushab presently residing at Dheri Katti Khel Hakim Abad, Nowshera Cantt: was selling arms and ammunitions without any permission/licence in the shop siiaated in Bazar Hakim Abad Nowshera. Accordingly a Police party consisting of A.S.I., I.H.C. and 4 constables was formed and the shop in question was raided on 23-7-1997 at about 1900 hours. The petitioner was present in the shop and the search of the shop was carried out in his presence which resulted in the recovery of guns/pistols/chargers and ammunitions. On demand, the petitioner failed to produce any document to show that he was in lawful possession of the same and, therefore, he was arrested.
4. 4.The learned counsel for the petitioner submitted that the shop did not belong to the petitioner and that the real owner of the shop, whose name he could not disclose, had gone out of the shop and that the petitioner was sitting there by chance. He, therefore, stated that the petitioner, a retired Army Personnel, suffering from heart ailment, is innocent and falsely charged and, therefore, entitled to be released on bail.
5. 5.After having gone through the record of the case as well as the judgment recorded by the Judge Special Court, I am of the considered view that the conditions laid down in section 497, Cr.P.C., for refusing bail to the petitioner, were amply fulfilled in this case. Since reasonable grounds do exist for believing that the petitioner is connected with the commission of the offence charged with, therefore, this bail petition is without any merit and is accordingly dismissed.