775/2024 Cr.Bail HARIS MAQSOOD S/O MAQSOOD (Applicant) V/S THE STATE (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)
Order Date: 04-JUL-24
In a more recent case; namely, Criminal Bail Application No.1010/2014 (Muhammad Shafique V/S The State) decided on 11.07.2014, it has been observed that the terms ???arms??? and ???firearms??? have been separately and distinctly defined in Clauses (c) and (d), respectively, of Section 2 of the Act; amongst many other articles designed as weapons of offense or defense, ???pistols??? are included in the definition of ???arms??? in Clause (c) ibid and not in the definition of ???firearms??? defined in Clause (d) ibid ; the punishment and penalty for acquiring, possessing, carrying, or controlling any ???firearm??? or ammunition in infringement of Section 3 of the Act, is provided in Section 23(1)(a) of the Act, which is imprisonment for a term that may extend to 14 years and with fine; and, whereas, the punishment for possessing ???arms??? or ammunition, licensed or unlicensed, with the aim to use them for any unlawful purpose etc., is provided in Section 24 of the Act, which is imprisonment for a term which may extend to 10 years and with a fine. This court held in the aforementioned case that the above clearly shows the intention of the legislature that not only are the offenses to ???arms??? and those relating to ???firearms??? to be dealt with separately as provided in the Act; but since punishments having different terms in respect of ???arms??? and ???firearms??? have been specified separately in the Act, punishment under Section 23(1)(a) of the Act cannot be awarded for an offense committed under Section 24 of the Act, and vice versa.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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