Home Today's Paper Most Popular Video Gallery Photo Gallery
Subscription Blog Signin Register
Logo
Wednesday, November 22, 2017 08:47:59 PM
Follow Us On: Facebook Twitter Twitter Twitter Twitter

Arms, ammunition for army supply cannot be possessed by ordinary persons

By
17th-Jun-2017       
Comments
Share your thought
Post a comment »
Read all () »

High Court Division :
(Criminal Appellate Jurisdiction)
Quamrul Islam Siddique J
AKM Zahirul Hoque J
Moshiur Rahman
Bhuiyan @ Babu  
.... Accused-Appellant
vs
State......... Opposite Party
Judgment
March 9th, 2014
Arms Act (XI of 1878)
Section 19A
The arms and ammunition which have been manufactured for the army supply cannot be possessed by the accused or any other ordinary persons. This creates doubt in the mind how a pistol which is manufactured for army supply only can be possessed by the accused. The accused has been in jail custody for more than one year five moths. The trial has not been commenced as yet. The appellant is granted bail to the satisfaction of the Special Tribunal. ...(6 & 8)
SM Shahjahan Advocate-For the Accused Appellant.
Dr Md Bashir Ullah DAG-For the State.
Judgment
Quamrul Islam Siddique J : This appeal is directed against the order dated 9-6-2013 passed by the Learned Judge. Special Tribunal No. 1. Narsingdi in Special Tribunal Case No.11 of 2013, arising out ofNarsingdi Police Station Case No. 96 dated 30-10-2012, under Section 19A of the Arms Act rejecting the prayer for bail of the accused-appellant.
2. The prosecution case, in short, is that on 30-10-2012 the informant along with his force was on duty for conducting special raid and at that time they received secret information that some arms were kept inside the shop of one Jahangir. Thereafter, they raided the shop and the accused persons tried to flee away, but they were caught by police and on search police found one automatic pistol and 6 round cartridges in the waist of the accused-appellant. Thereafter, police prepared the Seizure list in presence of the witnesses and seized the alamots on the basis of the above mentioned FIR Narsingdi PS Case No. 96 dated 30-10-2012 was recorded under Section 19A of the Arms Act. Police after investigation found prima facie case and submitted chargesheet against three accused persons.
3. SM Shahjahan the learned Advocate appearing on behalf of the accused-appellant submits that the accused-appellant had falsely been implicated in this case out of enmity. He further submits that in the seizure list it has been stated that the recovered pistol was the property of the Army and that the pistol was manufactured for the purpose of Army supply only and that such kind of pistol cannot be in the possession of any outsider including the accused-appellant. He then submits that police arrested the accused-appellant on 30-10-2012 and since then he has been in jail custody. He lastly submits that police submitted charge sheet on 20-11-2012 but no charge has been framed against the accused-appellant by then court as yet.
4. Dr Md Bashir Ullah, the learned Deputy Attorney General appearing on behalf of the state submits that the record was transmitted to the court on 10-2-2013 and that the court fixed 17-3-2014 for framing on charge. He further submits that since the arm in question has been recovered from the waist of the accused-appellant the accused-appellant is not entitled to bail at this stage.
5. We have heard the learned advocates for both sides perused the record, FIR, Chargesheet, the seizure list and other relevant papers etc. It appears from the record that police arrested the accused on 30-10-2012. Police also submitted chargesheet on 20-11-2012. The record has been transmitted to the trial Court on 10-2-2013 but no charge has been framed against the accused appellant as yet. In the seizure list the description of the pistol has been given as under:
“পিস্তলের বডির বাম পার্শ্বে ইংরেজী গধফব রহ টঝঅ ঘড়. ১০০  ও ডান পার্শ্বে  ৭.৬৫ জড়ঁহফ ও ব্যারেলের উপরে অংশে ড়হষু অজগণ ঝটচচখণ লিখা আছে।”
6. The arms and ammunition which have been manufactured for the army supply cannot be possessed by the accused or any other ordinary persons. This creates doubt in the mind how a pistol which is manufactured for army supply only can be possessed by the accused. Moreover, the accused has been in jail custody since 30-10-2012 i.e, he has been in jail for more than one year five moths. The trial has not been commenced as yet.
7. Considering all facts and circumstances of the case, we find substance in this appeal.
8. In the result, the appeal is allowed, the impugned judgment and under dated 9-6-2013 passed by the Learned Judge, Special tribunal No. I, Narsingdi, in Special Tribunal Case No. 11 of 2013, arising out of Narsingdi PS Case No. 96 dated 30-10-2012 under Section 19A of the Arms Act is set aside. The accused appellant is granted bail to the satisfaction of the learned judge, Special Tribunal No. I, Narsingdi till conclusion of the Special Tribunal Case No.11 of 2013. However, the Learned Judge, Special tribunal No.1, Narsingdi shall be at liberty to cancel the bail of the accused appellant if the misuses the privilege of bail.

Tariff
Add Rate

News Archive

Inside The New Nation

Editorial »

HC verdict is well meaning: Hospitals must appreciate


THE High Court ordered hospitals and clinics not to hold body of a deceased if his or her family fails to immediately pay the medical bill to release the body. It has also asked the Health Secretary and the Director General of the Directorate of Health Services to issue a ...

International »

Putin, Assad for political solution to Syria`s conflict


Reuters, Moscow  :Russian President Vladimir Putin hosted Syrian leader Bashar al-Assad to talk about the need to move from military operations to the search for a political solution to Syria's conflict, the Kremlin said on Tuesday.Russia is actively trying to build an international consensus around a peace deal for Syria, ...

Sports »

A scene from the opening ceremony of the Omicon Group 43rd National A Chess Championship held at Bangladesh Chess Federation hall-room on Tuesday.


Sports »

Sharapova named in India luxury housing fraud probe


AFP, New Delhi :Five-time Grand Slam champion Maria Sharapova is under investigation in India for cheating and criminal conspiracy after the collapse of a luxury housing project that she endorsed, police and a lawyer said Tuesday.The firm behind the development is alleged to have taken millions of dollars from homebuyers ...

Entertainment »

Janhvi dazzles at IFFI in ethnic wear


Janhvi Kapoor who is all set mark her Bollywood debut with Karan Johar’s Dhadak opposite Ishaan Khatter makes a dazzling entry at 48th IFFI 2017 in Goa. Janhvi was accompanied by her mother Sridevi and father Boney Kapoor. Janhvi looked elegant wearing Anamika Khanna lehenga choli. It is probably Janhvi’s ...

City »

Uphold image of Armed Forces: President


President M Abdul Hamid on Tuesday asked the members of Armed Forces to uphold their image at national and international levels by ensuing utmost professionalism. "Uphold the image of the armed forces . . . Help continue the country's ongoing development trend in the days to come," President's Press Secretary ...

Editorial »

Use of toxic tannery wastes in poultry feed


MEDIA reports said an increasing number of poultry feed mills using dangerously toxic tannery wastes laced with poisonous chemicals as raw materials remain the biggest threat to public health. They are moreover flouting is a ban of the High Court for producing and marketing the toxic feed for animals which ...

International »

Putin plan to rejuvenate Russian politics makes slow progress


Reuters, Moscow :Poised to run for a fourth term, President Vladimir Putin has started clearing out the old Russian political elite and says he's bringing in young people with "fire in their eyes."But a Reuters analysis shows that he has made limited progress so far.In the run up to March ...

Sports »

Participants run during the Delhi Half Marathon in New Delhi, India on Sunday. Ethiopia's Birhanu Legese and Almaz Ayana won the men's and women's elite categories, respectively.


Entertainment »

Bollywood congratulates Manushi Chillar on winning Miss World crown


After a wait of 17 long years, Indian model Manushi Chhillar has won the Miss World crown. Since yesterday’s announcement, many Bollywood celebs and public figures have congratulated her on winning the prestigious event. Here are some endearing messages from Bollywood celebs: The Megastar of Bollywood Amitabh Bachchan congratulated Manushi ...

Entertainment »

Runa Khan coming with her first movie


Sheikh Arif Bulbon :Most of her colleagues always appreciate the acting of Runa Khan. There is no other alternative or choice of her in TV plays. So she has acceptability among the directors. Viewers also like her acting. Runa will entertain the viewers by virtue of her acting skill with ...

City »

BNP Chairperson Begum Khaleda Zia cutting cake marking birthday of BNP Senior Vice-Chairman Tarique Rahman at her Gulshan office in the city on the early hours of Monday.


National »

GAFFARGAON: Vice-Chairman of the Central Committee of Muktijodha Sanghati Parishad Major (Retd.) Md Rezaul Karim, a veteran freedom fighter and an Awami League leader addressing a meeting on his participation in the coming National Election as a candidate from Awami League in the election area Mymensingh-10 (Gaffargaon & Pagla PS) Primary School field, Gaffargaon on Friday. Among others, freedom fighter Mofazzal Hossain, Auditor (retd.) Alhaj Abdul Karim and Ex Ward Member Saiful Islam also spoke in the meeting at Charalgi (Nidiar Char) .


Editorial »

Higher production capacity for power plants


THE state-owned power plants can't generate electricity to a minimum of their stated capacity as they lack improved technology, besides management failure to achieve the highest output as per a report in The New Nation on Sunday. The report quoting Bangladesh Power Development Board (BPDB) said its power plants can ...

International »

Hariri announces return to Lebanon as crisis simmers


AP, Paris :Lebanon's Prime Minister Saad Hariri said he will return home in the coming days from where he will declare a political stance for the first time since making a strange resignation announcement from Saudi Arabia that unleashed fears of a crisis in Lebanon.Hariri and his family met Saturday ...

 
Items that you save may be read at any time on your computer, iPad, iPhone or Android devices.
 
Are you new to our website? Do you have already an account at our website?
Create An Account Log in here
Email this news to a friend or like someone
Email:
Write a comment to this news