' About the recovery of 222 rifle from the alleged illegal custody of Muhammad Asif accused F.I.R.
No, 379, dated 25-10-1996 stands registered under section 13 of the Arms Ordinance, 1965 at Police Station Tatlayali, District Gujranwala. Claiming to be the owner and valid licenceholder of the rifle Nasrullah Khan writ petitioner made the application to obtain the same on temporary custody.
According to the petitioner the accused of the case had been admitted to bail and that he was entitled to the temporary custody of the rifle. The application was resisted by the State which was dismissed on 11-12-1996 by the Judge Special Court, Gujranwala constituted under the Suppression of Terrorists Activities (Special Courts) Act, 1975 on the ground that the same is the case property.
Hence this writ petition which has been resisted by the State.
2. We have heard the learned counsel for the petitioner as well as the learned Assistant Advocate- General. Learned counsel for the petitioner argued that the petitioner is the owner and valid licence holder of 222 rifle and that he is entitled to its possession even though the same is the case property. Learned Assistant Advocate-General pointed out that the case property may not be produced during the trial which may not linger on. We are of the view that during these days when the law and order situation is worsening it is better that the rifle is retained by its owner and the licence holder. The trial of the case shall take some time and the Constitutional right of the etitioner to retain the possession of the licensed rifle cannot be denied.
3. For what has been said above, we accept this writ petition, set-aside the impugned order dated 11-12-1996, accept the application filed by the petitioner and pass the order that the rifle shall be returned to the petitioner on temporary custody subject to the furnishing of surety bond in the sum of Rs,25,000 (rupees twenty five thousand only) to the satisfaction of the learned Sessions Judge, Gujranwala who shall also make a perusal of the original licence and retain a photostat of the same. In case the possession of the rifle is received by the petitioner and during the trial the same is not produced before the trial. Court, on any date, this, order shall become infructuous and the trial Court may get back the possession of the rifle and the licence.