1. ' This criminal revision is directed against the judgment, dated 26-10-1999 passed by learned Sessions Judge, Sukkur, in Criminal Appeal No,24 of 1999 whereby he maintained the judgment delivered by Judicial Magistrate, Sukkur in Case No,10 of 1999 awarding sentence to the applicant to suffer R.I. For one year and to pay fine of Rs,5,000, in case of default he has to undergo three months more.
2. ' The facts briefly stated are that on 16-4-1999 S.H.O./Inspector Shamsuddin Bhayo of Site Area Police Sukkur apprehended the applicant from an abandoned brick-kiln near Sabzi Mandi, Sukkur.
3. From his personal search one T.T. Pistol of .30 bore with its magazine containing four live bullets were recovered. The Mashirnama of arrest and recovery was prepared on the spot. The accused and the property were brought to police station and case under section 13-D, Arms Ordinance was registered against the applicant.
4. ' The police after completion of the investigation submitted challan against him. The accused pleaded not guilty to the offence and claimed to be tried.
5. ' The prosecution in its support examined P.C./Mashir Ali Gohar as Exh.4 and Inspector Shamsuddin 'Bhayo as Exh.5, thereafter the side of prosecution was closed.
6. ' The statement of accused was recorded under section 342, Cr.P.C. As Exh.7 in which he denied the allegations and stated that he is falsely implicated and the witnesses are police officials. The accused neither examined himself on oath nor produced any witness in his defence.
7. ' It is contended by the learned counsel appearing for the applicant that Mashirnama has not been prepared in presence of private Mashirs and the entry of Roznamcha has not been produced on record. It is argued that alleged recovery was not sealed at the spot and it has not been proved by the prosecution as to whether the alleged pistol was in working condition. The reliance has been placed upon the cases reported as Sajjan v. The State 1998 PCr.LJ 1399, Qalandro alias Nazro v.
8. State 1997 M LD 1632 and Loung through Superintendent, Central Prison, Hyderabad v. The State 1999 PCr.LJ 595.
9. ' Mr. Sher Muhammad Shar, learned A.A.-G. Has supported the impugned judgment and stated that no illegality has been pointed out by the learned counsel. This is criminal revision and there are concurrent findings of two Courts below against the applicant.
10. The arguments that the recovery is not made in presence of private Mashirs has no force as the alleged recovery is made from abandoned place in odd hours of night while the accused was on his way. The police had no enmity with the applicant to involve him in the false case. The recovered pistol was not required in any injury case so that it could have been sealed at the spot. No question has been suggested to the witnesses by the defence that the pistol produced in Court was not in working condition. In the instant case the recovery has been denied, therefore, the arguments are not tenable that the pistol was neither sealed at the spot nor it was not in working condition. The weapon which requires licence cannot be kept in possession, even if it is out of order. In any case the weapon is to be possessed by a person who holds its licence. Sections 8 and 9 of West Pakistan Arms Ordinance, 1965 reads as under:-- "8. Prohibition of going armed without licence.--- (1) No person shall go armed with any arms except under a licence and to extent and in the manner permitted thereby.
(2) Any person so going armed without a licence or in contravention of its provisions may be disarmed by any Magistrate, Police Officer or other person empowered by Government in this behalf by name or by virtue of his office.
(3) Nothing in subsections (1) and (2) shall apply to a person carrying arms under a written authority issued in accordance with the rules.
9. Unlicensed possession of arms etc.--- No person shall have in his possession or under his control any arms, or any ammunition or military stores, except under a licence and in the manner and to extent permitted thereby.
11. ' Section 3(1)(a) defines the definition of word 'ammunition' as under:--
(a) 'ammunition' includes--
(i) ammunition of all types for light and heavy automatic weapons, revolver, pistols, rifles, carbines, muskets and shot-guns;
(ii) ammunition constructed and modified for firing projectiles or gas or smoke containers;
(iii) gun wads, gun fints, percussion caps, fuses, fiction tubes and detonators;
(iv) all types of grenades, bombs, rockets, mines and fuels for flame throwers;
(v) all types of explosive fulminating material and propellants, including all articles specifically designed for torpedo operation and depth charges;
(vi) all parts of ammunition, but does not include lead, sulphur or saltpeter".
12. ' The clause (ii) postulates that all ammunition constructed and modified for firing projectiles or gas or smoke containers or other material and articles for flame throwers come under the ambit of ammunition including the fuel for release of power energy.
13. ' Section 3(1)(b) of the Ordinance enumerates the definition of word "arm" which is as under:-- "(i) cannon;
(ii) fire-arm of all types, such as light and heavy automatic and semiautomatic weapons, rifles, carbines, muskets, shot-gun (whether single or double-barreled) revolvers, pistol and appliances the object of which is the silencing of fire-arms;
(iii) air pistols, bayonets, swa rds, sword-sticks, daggers and knives with blades of four inches or more (but not kitchen knives or knives used in good faith for the carrying on of a profession) and flick-knives irrespective of the size of the blade;
(iv) knuckle-dusters, spears, spearheads, bows and arrows and parts of arms;
(c) 'cannon' includes--
(i) all types of artillery mortars, machines and submachine guns;
(ii) silencers for all machines and sub-machine guns;
(iii) anti-tank rifles and recoil-less guns or rifles and
(iv) bazookas;
(v) revolvers or pistols over 46 inches bore;
(vi) nuclear weapons of all types;
(vii) projectors, guided missiles and dischargers for
(viii) grenades, rockets, bombs and gas or smoke containers; (iv) flame throwers of all types; (x) all carriages platforms and appliances for mounting or
(xi) transporting cannon; and
(xii) parts of cannon."
14. ' The plain reading of definition of word "arm as contained in clause (iv) of section 3(1)(b) connotes that even a part of weapon is an Arm under the Arms Ordinance.
15. ' The case-law relied upon by the learned counsel for the applicant is quite distinguishable from the facts and circumstances of instant case.
16. The record does not show any illegality or misreading of the evidence. The judgment does not call for any interference.
17. ' By a short order, dated 22-2-2001, the revision was dismissed and the applicant was remanded to custody and these are the detailed reasons of the short order.
18. Revision .