Legal Case Summary

Case Details
Case ID 161a9c4c-3e82-4768-b8d7-e21e1290bf52
Body View case body.
Case Number Criminal Appeal No. 218-M of 2019
Decision Date Dec 18, 2019
Hearing Date Dec 18, 2019
Decision The appeal was dismissed as the authorization given to the appellant by members of the law enforcement agency or the local police was not deemed lawful under the Khyber Pakhtunkhwa Arms Act, 2013. The court found that the appellant's possession of the SMG rifle was not legally supported by any formal licensing that complied with the Act's requirements. The judgment of the learned trial court was upheld, which had acquitted the accused but did not order the return of the case property, leading to the conclusion that the rifle was to be confiscated to the State.
Summary This case revolves around the interpretation of the Khyber Pakhtunkhwa Arms Act, 2013, specifically addressing the legality of unlicensed possession of arms. The appellant, Abdul Wakeel, was acquitted by the trial court but contested the decision on the grounds that no directive was issued to return the seized SMG rifle. The High Court evaluated the legality of the authorization to possess arms granted by local law enforcement, ultimately concluding that it did not meet the statutory requirements under the Arms Act. The ruling emphasized the need for formal licensing, underscoring the legal framework governing arms possession in Khyber Pakhtunkhwa. This case highlights the importance of compliance with regulatory requirements for arms licensing and the discretionary powers of the courts regarding the return of seized property.
Court Peshawar High Court, Mingora Bench
Entities Involved Khyber Pakhtunkhwa Government, Law Enforcement Agencies, Local Police
Judges WIQAR AHMAD, JUSTICE
Lawyers Akhtar Munir Khan, Sohail Sultan, Asstt. A.G.
Petitioners ABDUL WAKEEL
Respondents THE STATE THROUGH ADDITIONAL ADVOCATE GENERAL KHYBER PAKHTUNKHWA
Citations 2020 SLD 2131, 2020 YLR 2402
Other Citations Saeed Ahmad v. The State 1971 SCMR 774, Rai Bashir Ahmad v. The State 1971 PCr.LJ 255, Mukhtar Ahmad v. The State PLD 1963 (W.P.) Lahore 451, The Director Intelligence and Investigation (Custom) FBR, Islamabad and another v. Fazal Ghani and others Criminal Petition No. 802 of 2015, Bhutto Khan and 4 others v. Inspector General of Police KPK, Peshawar and 4 others 2018 PTD 1716
Laws Involved Khyber Pakhtunkhwa Arms Act
Sections 8, 9, 11, 12