Arshad Ali petitioner seeks quashment of F.I.R. No.109 of 2003, dated 16-4-2003, registered under sections 13/20/65 A.O. At Police Station Mochiwala, District Jhang at the instance of Masood ul Hassan, A.S.-I.
2. Brief facts of the case are that on 16-4-2003 at 9-30 p.m., Masood ul Hassan alongwith other police officials while on patrol duty when reached More Nazarabad found a person having a rifle Kalashnikov type on his right shoulder and on left shoulder containing a bag standing at side of road. The complainant suspected and through his companions overpowered him and on asking he disclosed his name Arshad son of Ahmed Ali alias Kala, caste Jat no Julkey, Police Station Kahna, Tehsil and District Lahore. The A.S.-I. Checked the rifle which was found to be .244 bore and magazine was containing five live cartridges, whereas bag was containing one seater magazine with 40 live bullets. The accused could not produce any licence of rifle, which was taken into possession and the case was registered against him.
3. The case of the petitioner is that on 16-4-2003, he was going with the marriage party of his near relative Muhammad Mustafa son of Muhammad Anwar resident of Julkey, Tehsil and District Lahore to Chak No.328, Tehsil Chaubara, District Layyah by Bus No.8585-RIH. As the journey was taken to night with valuable golden jewellery, clothes and other articles of 'Barri', he took with him his licensed rifle and 45 bullets for his defence and defence of other marriage party members. He got the said licensed rifle and bullets in covers and placed them in the bus and when it reached near Chowk Azam, Police Station Mochiwala, respondent No.2, Masood ul Hassan was sitting, there for checking buses etc. The bus was stopped and the passengers of the marriage party were searched but no incriminating material was recovered from any one. Respondent No.2 laid his hand on licensed rifle and 45 bullets of the petitioner alongwith the licence in original and involved him in case F.I.R. No.109, dated 16-4-2003, under section 13/20/65, A.O. He attached a photocopy of arms licence. Annexure 'A' as the original one was taken into custody by respondent No.2 at the time of his arrest. He has placed on Nikahnama of said Muhammad Mustafa as Annexure 'C', receipt of ammunition as Annexure 'D' and receipt of fire-arm as Annexure 'E'. On the basis of aforesaid averments he claimed hat he had licensed weapon with him; he has committed no offence and the registration of the case was absolutely mala fide without any justification. He has been implicated with ulterior motive. The original licence contains the entry of his rifle.
4. Notice was issued on 14-5-2003, and respondent No.2/complainant has appeared. Firstly, he has opposed the petition put when entry was shown to him, he states that he committed a mistake and be pardoned. Mr. Muhammad Akbar Tarrar, learned Additional A.-G. Concedes that the rifle of the petitioner is entered in his licence vide order dated 4-4-2003 and no case under sections 13/20/65 could be registered against him.
5. Heard. Record perused. I have perused the original licence of the petitioner with the assistance of learned Additional A.-G. It pertains to him and his rifle is entered at page 16 of the licence under order dated 4-4-2002. The original licence was taken into possession by A.S.-I. He was supposed to check the entry of the weapon in licence. Petitioner has vehemently argued that the said entry was specifically shown to him but for ulterior motive he took into possession his rifle as well as licence and implicated him in false case. Nikahnama Annexure 'C' attached with this petition substantiates his allegation that he was going with marriage party and was halted by respondent No.2 at Chowk Azam. The receipts relating to ammunition and purchase of weapon attached with this petition establish his ownership of the weapon and ammunition. He by keeping licensed rifle with him has not committed any offence. The registration of the case is absolutely unjustified. Consequently, this petition is accepted and F.I.R. No.109 of 2003 is quashed. Original licence, rifle and live bullets taken into possession from petitioner be returned to him forthwith.
6. Respondent No.2 has misused his official position and involved petitioner in a false case. The District Police Officer, Jhang is directed to get a criminal case registered against Masood ul Hasan, A.S.-I., Police Station Mochiwala, District Jhang under intimation to this Court through D.R. (Judicial).