How publications are controlled by the government under the maintenance of public

order ordinance 1960

Article 6 of the MPO empower of the government to control publications. Under 6(1)
the government or any authority authorized by it is empowered, in order to prevent
or combat any activity prejudicial to the maintenance of public order, make an order
in writing to the printer, publisher or editor to:
1. Prohibit the printing or publication in any document or class of documents of
any matter relating to a particular issue of a newspaper or periodical
2. Require that any matter be published in any particular issue or issues of a
newspaper or periodical along with specifying the period during which and
the manner in which such publication shall take place.
3. Require that any matter relating to particular subject or class of subjects
shall, before publication, be submitted for scrutiny
4. Prohibit for a specified period, the publication of any newspaper, periodical,
leaflet or other publication or the use of any press
5. Require that the name and address of any person concerned in the supply of
communication of any news report or information be furnished to such
authority as may be specified in the order
6. Require that any document connected with the news, report or information
reffered to in clause e. be delivered to such authority as may be specified in
the order
Provided that when an order is made under clause (1),(3) or (d): no such order shall
remain in force for more than two months from the making thereof
6(2) where an order has been made under subsection (1), the authority making the
order shall, as soon as may be, communicate to such person the grounds on which
order has been made, inform him that he is at liberty to make a representation
against the order to the Government and afford him the earliest opportunity of
doing so. Provided that the authority making such order may refuse to disclose facts
which such authority considered to be against public interest if disclosed.
2(a) where a representation is made to the Government against an order passed
under subsection(!), Government ma on consideration of the representation and
giving the person affected an opotunity of being heard, modify, confirm or rescind
the order.
(3) In the event of disobedience of an order under this section, Govenrment or the
authority issuing the order may, without prejudice to any other penalty to which the
person guilty of the disobedience is liable, order the seizure of all the copies of any
publication concerned and of any printing press or other instturment or apparatus
used in the production of the publication. Provided that no such order of seizure
shall be passed withtou giving the printer publisher or editor affected an
opportunity of showing cause against the proposed order.

Who is empowered to secure reports of public meetings

8. Power to secure reports of public meetings
1. The district magistrate may, by order in writing depute one or more Police
Officers not below the rank of head constable, or other persons to attend any public
meeting for the purpose of causing a report to be made of the proceedings
2. Any such order shall operate as a direction to the persons respoible for the
conveyinig or the conduct of the meeting to admit free of charge the persons so
deputed
Describe the procedure and powers of the government to control
suspected persons under the maintenance of public order 1960
5(1) Government or the District Magistrate if satisfied with respect to any particular
person that with a view to preventing him from acting any manner prejudicial to
public safety or public interest or the maintenance of public order, it is necessary so
to do, may by order in writing, give anyone or more of the following directions,
namely that such person:
a. Shall not enter, reside or remain in any area that may be specified in the
order
b. Shall reside or remain in any area that may be specified in the order
c. Shall remove himself from, and shall not return to, any area that may be
specified in the order
d. Shall conduct himself in such manner, or abstain from such acts, as may be
specified in the order, and
e. Shall enter in toa bond, with or without sureties for the due observance of
the directions specified in the order
(2) an order under subsection (1) made by the DM shall not unles the Government
by special order otherwise directs, remain in force for more than 3 months from the
making thereof
(3) Government may at any time cancel or vary any order made by the DM under
subsection 1
(4) An order under clause a of subsection 1 made by Government may specified as
the area to which the order realtes, the whole province or any part thereof and an
order made by the DM may specify as such area in the whole district or any part
thereof

Provided that no such order made by Government shall direct the exclusion or
removal from the province of any person ordinarly resident in the province and no
such order made by the DM shall direct the exclusion or removal from the district of
any person ordinarnly resident in that district
(5) where an order has been made under subsection (1), the authority making the
order shall, as soon as may be communicate to such person the grounds on which
the order has been made, inform him that he is at liberty to make a representation
to Government against the order and afford him the earliest opportunity of doing so.
Provided that the authority making any such order may refuse to disclose facts
which such authority considers to be against the public interest to disclose.
5(a) where a representation is made to the Government against an order passed
under subsection 1, government may on consideration of the represetentation and
after giving the person affected an opportunity of being heard, modify, confirm or
rescind the order
5(b) no order under clause b of subsection 1 shall have the effect for a period
exceeding three months, unless the Board constituted under subsection 5 of section
3 has reported, before the expiration of the said period that there ism in its opinion,
sufficient cause for the making of such order, and the provisions of subsection 5-b,
5-c, 5-d and 5-e and 5-f of section 3, shall apply to the reference made to the Board
in regard to any such order
6 an order made under subsection 1 shall remain in force for such period not
exceeding two years as may be specified in the order
Define under CNSA
Opium: under 2(t) opium means:
(1) Poppy straw, that is to say, all parts of the poppy plant (papaver sominiferum
or any other species of papver) after mowing, other than the seeds
(2) The spontaneously coagulated juice of capsules of poppy which has not been
submitted to any manipulations other than those necessary for packing and
transport, and
(3) Any misxture, with or without natural materials, of any of the above forms of
opium, but does not include any preparation containing not more than 0.2
percent of morphine
Cannabis: 2d cannabis (hemp) means:
1. Cannabis resin (charas) that this the separated resin, whether crude or
purified, obtained from the cannabis plant and also includes cocnetrated
preparation and resin known as hashish oil or liquisd hashish

2. The flowering or fruiting tops of the cannabis plant (excluding the seed and
leaves when no accompanied by the tops) from which the resin has not been
extracted, by whatever name they may be designated or known; and
3. Any mixrture with or without neutral meaterials of any of the above forms of
cannabis or any drink prepared therefrom
Property: 2z: Property includes:
a. All forms of propeorty, whether corporeal or incorporeal, movable or
immovable, tangible or intangible, real estate or personal property of every
description
b. Property used to commit, or to abet the commission of an offence punishable
under this act
c. All kinds of shares or interest in any coproate body, company firm business,
concern, society or fund, and
d. All documents of title to land, goods or property, wherever situated, money or
valuable security issued by the Govenrment

Who are the authorities wempowered to cancel or suspend an Arms Licence under
the Paksitan Arms Ordinance 1965
12. Cancellation and suspension of licences:
(1) any licence may be cancelled or suspended:
(a) by the officer by whome the same was granted or by any authority to which he
may be subordinate, or any DM, within the local limits of whose jurisdiction the
holder of such licence may be, when for reasons to be recorded in writing and after
giving the holder of the locence an opportunity of showing cause agains thte
proposed cancellation or suspension, such officer, authority or magistrate deems it
necessary for the secuiryt of the public peace to cancel or suspend such licence; or
(b) by any judge or magistrate before whom the holder of such licence is convicted
of an offence against this ordinance or against the rules and government may, by a
notification in the official gazette, cancel or suspect all or any licences throughout
the province or any part thereof.

Who is authorized to search an area on suspicion of Arms under the Arms Ord.
1965?
21. Search and seizure by Magistrate- wherenver any magistrate or an officer in
charge of a police station has reason to believe that nay person residing within the
local limits of his jurisdiction:

a. has in his possession any arms, ammunition or military stroes for any unlawful
porpose, or
b. that such person cannot be left in the possession of such arms, ammunication or
military stores without danger to the public peace

sch magistrate or police officer having first recorded the grounds of his belief may
cause a search to be made of the house or premsises occupied by such person or in
which such magistrate or such police officer has reason to believe such arms,
ammunition or military stroes are or is to be found, and may seize and detain the
same, although covered by licence or exemption in safe custody for such time as he
thinks necessary
Elaborate the duty of drivers an dpolice officers in case of accident.injry to person
animal or damage to property under the motor vehciles ordinance 1965.
93. Duty of driver in case of accident and injury to person animal or damge to
property: when any accident occurs, in which a motor vehicle is involve,d the driver
of the vehicle or other person in charge of the vehicle shall
a. if any person is injured as a result of such accident, take all reasonable steps to
ensure medical attention fo the person so injdured and if necessary convey him to
the nearest hospital, unless the injured person or his guardian, in case he is a minor
desires otherwise
b. if animal is injured as a result of such accident, take steps and endeavor to locate
and matter to the owner or custodian o fthe animal so injured and take all
reasonable steps to secure medical attention if necessary for the animal
c. if any damage has been caused to any property as a result of such accident, take
reasonable steps to report the damage to the party sustaining the damges, and
d. give on demand by a police officer or an officer ot the Transport Department
authorized in this behalf by Government any information required relating to the
occurrence, or if no such officer is present, report the circumstances of occurrence
at the nearest police station as soon as possible an din any case within twenty four
hours of the occurrence
94-A Duty of Police officer in case of accident giving rise to claim for compensation:
when an accident giving rise to a claim for compensation u/s 67 is reported at a
police station, the OIC of the PS shall imeediately forward of the copy of the first
inofroamtion report or the relevant extract from the daily diary, as the case may be,
to the Claims Tribunal within whose Jurisdiction the accident has taken place.

What are the powers of the licencing Authority and the Regional Transport Authority
in disqualifying a person from holding/obtaining a licence.
16. power of licensing authority authority to disquality for holding a licence
(1) if a licencing authority is satisfied after giving him an opportunity of being heard
that any person:
a. is a habitual criminal or a habitual drunkard, or
b. is using or has used a motor vehical in the commission of a cognizable offence, or
c. has by his previous conduct as driver of a motoro vehicle shown that his driving is
likely to be attended with danger to the public, it may for reasons to be recorded in
writing make an order disqualifying that person for a specified period for holding or
obtaining a licence.
1A if a licencing authority is satisfied after giving him an opportunity of being heard
that in respect of any person an order under sub-section 1 of this section, or a
declaration under section 1 of section 18 has been made on more than one
occasion, it may for reasons to be recorded in writing make an order canceling the
licence granted to that person and disqualifying him for such period as it may deem
fit.
(2) upon the issue of any such order the person affected if he is the holder of the
licence, shall forthwith surrender his licence to the licensing authority making the
order, if the licence has not already been surrenderd and the licensing authority
shall keep it until the disqualification has expired or has been removed
(3) any person aggrieved by an order made by a licensing authority under this
section may, within 30 days of the service on him of the order, appeal to the
prescribe daiuthority and such appelette authority shall give tnotice to the licensing
authority and hear either party if so required by that party andmake such inquiring
in to the matter and pass such order as it thinks fit. An order made byu any such
appellate authority shall be final
17. Power of Regional Transport Authority to disqualify
(1) A Regional Transport Authoirty constituted under chapter IV may for reasons to
be recorded in writing and subject to any prescribed conditions declare any person
disqualified for a specified period for holding or obtaining a licence to drive a
transport vehicle in the province
(2) A RTA making a declaration under subsection 1 shall if the person so disqualified
is the holder of a licence, furnish a copy of the declaration to the licensing authority
by whom the licence was granted, and if the person so disqualified is not holder of
licence, to the licensing authority within whose jurisidcation he ordinarily resides

(3) upon the making of declaration under subsection 1 the person affected if he is a
holder of a licence shall forthwith surrender his license to the licensing authority by
whom the licence was granted an dthe licensing authority shall keep it untile the
disqualification has expired or has been removed
(4) any person aggrieved by an order made under ss1 may within 3- days of the
receipt of intimation of such order, appeal gainst the order to the prescribed
authority
Define
Common Gaming House
2(a) Common Gaming House- means any house, room, tent, enclosure, vehicle,
vessel or other place whatsoever in which any instruments of gambling are kept or
used for gambling purposes:
i.

ii.

With a view of profit or gain of any person owning, occupying or keeping

such house, room tent, enclosure, vehicle, vessel or other place whether
by way of charge for the use of such house, room, tent, enclosure, vehicle,
vessel, or place or instruments o otherwise howsoever; or
With or without a view of such profit or gain, if the gaming for the purpose
of which such instrments are so kept or used in gaming on any ifgures or
numbers or dates to be subsequently ascertained or disclosed, or on the
occurrence or non-occurrence of any natural event

(b) gaming includes wagering or betting including a wager or bet made in respect of
any horse, mare or gelding running in competetipon with any other horse, mare or
gelding or of the rider thereof
(C) instruments of gaming includes any artciles used or intended to be used as a
means or appurtenance of or of facilitating on or facilitating, gaming and any
documents used as a register or record or evidence of any gaming, and
(D) prescribed means presicbed by rules made under this Act
What is the penalty for gaming in public and private places
5. Penalty for gaming in a public placewhoever is found gaming in any public
place, street or througare, shall be punished with im,prsionment for a term which
may extend to one year, or with fine which extend tot 100 rs or with both
6. Penalty for gaming in a private placewhoever is found gaming in any house,
room, tent, enclosure, tent, vehclile, vessel or other place shall be punishable with
imprisonment for a term which may extend to two years, or with fine which may
extent to one thsousand rupees or with both.

7. Enhanced punishment for subsequent offenceswhoever, having been convicted

of any offence under this Act again commits any such offence shall be punishable
for every such subsequent offence with impironsment for a term which may extend
to three years, or with fine of up to 2000 rs, or both

Freezing and forfeiture of Assets under CNSA 1997

S.12 of CNSA 1997 prohibits the acquisition and possession of assets derived from
narcotic offences. It states that no one shall knowingly:
a. possess, acquire, use, convert, assign or transfer any assets which have been
derived, generated or obtained directly or indirectly, either in his own name or in
the name of his associates, relatives or any other person through an act or omission
relating to narcotic substances which constitutes an offence punishable under this
Act, the Customs Act, The Prohibition Order, or under any other law for the time
being force, or constituted an offence under any law repealed by this Act: the
Control of Barcotics Substanes Ordinance 1996 or any other law repealed
b. hold or possess on hbhealf of any other person any assets refered to in clause a
and
c. conceal or disguise the true name, source, location, disposition, movement, title
or ownership of such assets by maiing false declaration in relation thereto:
S.13 establishes the punishment for contravention of s.12: Whoever contravenes
the provisions of S.12 shall be punishable with impironsment which may extend to
14 years but shall not be less than 5 years and shall also be liable to fine which shall
not be less than the prevailing value of the assets and such assets shall also be
liable to forfeiture to the Federal Government.
S.19 provides fro the forfeiture of assets of an offender- notwithstanding anything
contained in S.13, where the Special Court finds a person guilty of an offence
punishable under this Act and sentences him to imprisonment for a term exceeding
three years, the court shall also order that his assets derivable from trafficking in
narcotic substances shall stand forfeited to the Federal Govenremnt unless it is
satisfied for which the burden of proof shall rest on the accused, that they or any
part thereof, have not been so acquired.
Chapter 4 of CNSA deals with freezing and forfeiture of Assets
37. Freezing of assets etc: (1) Where the Special court trying an offence punishable
under this Act is satisfied that there appears reaonsable grounds for believing that
the accused has committed such an offence, it may order the freezing of the assets
of the accused, his relatives and associates

(2) Where in the opinion of the Direction General or an officer authoried under s.21
and offence is being or has been committed, he may freeze the assets of such
accused and within 7 days of the freezing shall place before the court the material
on the basis of which the freezing was made and further continuation fo the freezing
or otherwise shall be decided by the court
(3) the said officer shall trace, identify and freeze the assets during the investigation
or trial for the purpose of forfeiture by the Special Court

Provided that DG or as the case may be, the officer freezing any asset shall, within 3
days, inform the Special Court about such freezing and the Special Court shall, after
notice to the person whose assets have been frozen, by an order in writing, confirm,
rescind or vary such freezing.
39. Order of forfeiture of assets
(!) Where the Special Court ocvncits an accused under section 13, or setences him
to imprisonment for more than 3 years, the DG or an officer authorized by him may
request eht said Court by an application in writing alongwith a list of the assets of
the assets of the convict, or as the case may be his associates, relatives or any
other person holding or possessing such assets on his behalf, for forfeiture thereof
(2) Where the special court is satisfied that nay assets specified in the list refered in
sub-section1 were derived, generated or obtained in contravention of Section 12 or
are liable to be forfeiture under section 19, it may order that such assets shall stand
forfeited to the Federal Government
Provided that no order under this section shall be made without issuing a notice to
show cause and providing a reasonable opportunity of being heard to the person
being affected by such order
Provided further that if such person fails to tender any explanation or defaults in
making appearance before the special Court on any date appointed by it, the SC
may proceed on record an order ex parte on the basis of the evidence available
before it
(#) Where any shares in a company are forefeited to the FG under subsection 2,
notwithstanding any thing contained in the Companies Ordinance, or any other law
for the time being in force orArticles of Association of the company, such shares
shall be registered in the name of the FG
Search and investigation
Chapter III deals with search and investigation
20. Power to issue warrants

(1) A special court may issue a warrant for the arrest of any person whom it has
reasom to believe to have committed an offence punishable under this Act, or for
the search whether by day or by night, of any building, place, premises or
conveyance in which he has reason to believe any narcotic druy, psychotropic
substance, or controlled substance in repsect of which an offence punishable under
this Act has been committed is kept or concealed.
(2) The officer to whom a search warrant under sub-section 1 is addressed shall
have all the powers of an officer acting under section 21
21. Power of entry,s earch, sezirue and arrest without warrat
(1) Where an officer not below the rank of SI of Police or equivalent authorized in
this behalf by the FG or the PG, who from his personal knowledge or from
information given to him by any person is of opinion that any nartcotic druy,
psychotropgic substance in repsect of which an offence punhsiable under this Act
has been committed is kept or concealed in any buiding, place, premsis or
conveyance, and a warrant for arrest or search cannot be obtained against such
person without affording him an opportunity for the concealment of evidence or
facility for his escape, such officer ma:
a. enter into any such building, place, premsiises or conveyance
b. break opn any door and remove any other obstacle to such entry in case of
resistance
c. seizure such narcotic drugs, physhotropic substances and controlled substances
and other materials used in the manufacture thereof on any other article which he
has reason to believe to be liable to confiscation under this Act and any document
or other article which he has reason to believe may furnish evidence of the
commission of an offence punishable under this Act, and
d. detain, search and if he think proper, arrest any person whom he has reason to
bleive to have committed an offence punishable under this Act
(2) before or immediately after taking any acting under subsection 1, the officer
referred to in the sub-section shall record the grounds and basis of his information
and proposed action and fortiwht send a copy of thereof to his immediate superior
officer
22. Power to seirue and arrest in public places: An officer authorized under S.21
may:
a. seize, in any public place or in transit, any narcotic drug, psychotropic substance
or controlled substance in respect of which he has been committed and alongwith
such drug substance or any other article liable to confiscation under this Act and

any document or other article which he has reason to believe may furnish evidence
of the commission of an offence punishable under this Act
b. detain and search any person whom he has reason to believe to have commited
an offence punishable under this Act, and if such person has any narcotic drug,
psychotropic substance or controlled substance in his possession and such
possession appears to him to be unlawful, arrest him
23. Power to stop and search conveyance: An officer refererd to in S. 21, may if he
has reason to suspect that any conveyance is, or is about to be, used for the
transport of any narcotic drug, psychotropic substance or controlled substance in
respect of which he suspects that any provision of this Act has been or is being or is
about to be contraveneded at any time, stop such conveyance or, in the case of an
aircraft, compel it to land and:
a. rummage and search the ovneyance or part thereof
b. examine and search anyh goods on or in the conveyance, or
c. if it becomes necessary to stop the conveyance, he may use all reasonable force
for stooping it.
24, Undercover and controlled delivery operations:
1. Subject to subsection 2 and to any treaty, arrangement or understanding with
any foreign State to which Pakistan from time to time be party, the FG may give
approvial in writing to controlled delivery operaitons, for the purpose of
gathering evidence in Pakistan or elsewhere relating to the commission of any
offence against this Act or similar law of a foreign State.
2. Approval may not be given under subsection 1 unless the Federal Government:
2.1.Suspects that persons, whose identity may or may not be known, have
engaged in, are engaging in or are about to engage in conducting
constituting an affence against this Act or a similar law of Foreign State, and
2.2.Is statisfied that the proposed operaitons are properly desgiend to given
such person any opountity to manifest that condct or proidve other evidence
of it
3. The FG may give approval from tiem to tiem for a period not exceeding three
months
4. Without limiting the generality of subsection 1 the activities which may be
undertaken by an authorized participant in the course of and ofr the purpose of a
controlled delivery and undercover operation include:
4.1.Allowing any conveyance to enter or leave Pakistan
4.2.Allowing any narcotic drug, psychotropic substance, manufactured drug,
controlled substance, property or other thing in or on the conveyance ot be
delivered or controlled
4.3.Using such force as may be reasonable in the circumstances to entire and
search the conveyance

4.4.Placing a tracking device in or on the conveyance, and

4.5.Allowing any person who has possession or custody of the narcotic drug,
psychotropic substance, manufactured drug, controlled substance property
or other thing to enter or leave Pakistan
5. Nothwithstanding anything contained in any other law for the time being in force
an authorized participant in an undercover operation or a controlled delieery
shall not incure any criminal liability by ptaking part in it

25. Mode of making searches and arrestthe provisions of CrPC 1898 shall apply to
all searches and arrests in so far as they are not inconsistence with the provisions of
S.20, 21, 22 and 23 to all warrants issued and arrests and searches made under
these sections

Under the evidence act confession before or in presence of a police officer is not
admissible but there is an exception to it under Anti-Terrorism Act 1997. Comment
21-H: Conditional admisisibility of confesion
Notwithstanding anything contained in the QSO or any other law for the time being
in force, where in any Court proceeding held under this Act the evidence (which
includes circumstantial proceedings held under this Act) the evidence produced
raises the presumption that there is a reasonable probability that the accused has
committed the offence, any confession made by the accused during investigation
without being compelled before police officer not below the rank of a District
Superintendent of Police, may be admissible in evidence against him if the Court so
deems fit.
Privded that the DPO before recording any such confession, has explained to the
person making it that he is not bound to make a confession and that if he does so it
may be used as evidence against him and that no DPO has recorded such
confession unless, upon questioning the person making it the DPO had reason to
believe that it was made voluntarily, and that when he recorded the confession, he
made a memorandum at the foot of such record to the following effect
I have explained to (name) that he is not bound to make a confession and that if he
does so any confession he may make may be used as evidence against him and I
believes that this confession was voluntarily made. It was taken in my presence,
and was read over to the person making it and admitted to be correct, and it
contains a full and true account of the statement made by him
Define a terrorist act and its punishment under the ATA
6. Terrorism:

1. In this Act terrorism means the use or threat of action where:

a. The action falls under the meaning of sub-section 2, and
b. The use or threat is designed to coerce and intimidate or overawe the
Government or the public or a section of the public or community, or
sect, or create a sense of fear or insecurity in the society, or
c. The use or threat is made for the purpose of advancing a religious,
sectarian or ethnic cause
2. An action shall fall within the meaning of sub-section1 if it:
a. Involves the doing or anything that causes death
b. Involves grievous violence against a person or grievous body injury or
harm to person
c. Involves grievous damage to property
d. Involves the doing of anything that is likely to cuase death or
endangers a persons life
e. Involves kidnapping for ransom, hostage-taking or hijacking
f. Incites hatred and contempt on religious, sectarian or ethnic basis to
stir up violence or cause internal disturbance
g. Involves stoning, brick-batting or any other form of mischief to spread
panic
h. Involves firing on religious congregations, mosques, imambargahs,
churches, temples and all other plaes of worship or random firing to
spread panic, or involes any forcible takeover of mosuqes or other
places of worship
i. Creates a serious risk to safety of public or a section of the public, or is
designed to frighten the general public and thereby prevent them from
coming out and carrying on their lawful trade and daily business, and
disrupts civil life
j. Involves burning of vehicles or other form of arson
k. Involves extortion of money or poerty
l. Is desined to seriously interfere with or seriously disrupt a
communications system or public utility service
m. Involves serious violence against a member of the police force, armed
forces, civil armed forces, or a public servant
3. The use or threat of use of any action falling whitn sub-section 2 which
involves the use of fire-arms, explosives or any other weapon, is terrorism,
whether or not subsection 1 is satisfied
7. Punishment for acts of terrorism: whoever commits an act of terrorism under S.6,
whereby:
a. Death of any person is caused, shall be punished on convicntion with
death or with imprisonment for life and with fine, or
b. He does nayting likely to cause death or endangers life, but death or
hurt, is not caused shall be punished with imprisonment for description
for a term which is not less than five years but may extend to 14 years
and with fine
c. Grievous bodily harm or injury is caused to any person shall be
punished with imprionsment of either description for a term not less
than 10 years and not exceeding 14 years and liable to fine

d. Grievous damage to property: improsnment of either description for a

term not less than 10 years an dnot exceeding 14 years and liable to
fine
e. Offence of kidnapping for ransom or hostage-taking: death, or
imprisonment for life and liable to forfeiture of property
Cannon in Pakistan Arms Ordinance 1965
3 Cannon includes:
a.
b.
c.
d.
e.
f.

All types of artillery, motors, machine and sub-machine guns

Silencers for all machine and sub-machine guns
Anit-tank rifles and recoil-less guns or rifles and bazookas
Revolvers or pistols over 46 inches bore
Nuclear weapons of all types
Projectors, guided missiles, and dischargers for grenades, rockets, bombs and
gas or smoke containers
g. Flame throwers
h. All carraiges, platforms and appliances for mounting or transporting cannon,
and
i. Parts of cannon
Arms:
3(b) Arms include:
a. Cannon
b. Fire-arms of all types, such as light and heavy automatic and semi-automatic
weapons, rifles, carbines, muskets, shotguns (Whether single or double
barreled), revolvers, pistols and appliances the object of which is the
silencing of fire-arms
c. Air pistols, bayonets, sowrds, sword-sticks, daggers, knives with blades of
four inches or more
d. Knuckle dusters, spears, spear-heads, bows and arrows and parts of arms
Penalty for purchasing arms from an unlicenced person
4. Unlicenced sale and repair prohibited: (1) no person shall sell or keep, offer or
expose for sale, an arms, ammunition, or military stores or undertake the
repairs of any arms, except under a license an din the manner and to the
extent permitted thereby (2) nothing herein contained shall prevent any
person from selling any arms or ammunition which he lawfully possesses for
his own private use to any person who is not by any enactment for the time
being in force prohibited from possessing the same, bvut every person so
selling arms or ammunition to any person shall w.o unnecessary delay, give
to the Magistrate of the district or the officer incharge of the nearest police
station notice of the sale and of the purchasers name and address

16. knowingly purchasing arms etc. from unauthorized perosns: whoever,

a. knowingly purchases any arms, ammunitions or military stores from any person
not licensed or authorized under subsection2 of S.4 to sell the same, or
b. delivers any arms and ammunition or Military stores into the possession of any
person without previously ascertaining that such person is legally authorized to
possess the same;

shall be punished with imprisonment for a term which may extend to 3 years or with
fine or with both.

Provided that the punsihemnt for an offence committed in respect of any:

a. Cannon, grenade, bomb or rocket; or
b. Light or hevy automatic weapon, rifle of .303 bore or over musket of .410
bore or over a pistol or revolver of .441 bore or over, or ammunition which
can be from such weapons, rifle, musket, pistol or revolver
Shall be imprisonment for a term which is not less than one year
Gaming
2b. Gaming: includes wagering or betting, including a wager or bet made in respect
of any horse, mare or gelding running in competition with any other horse, mare or
gelding, or of the rider thereof
Wagering- an agreement between parties, differing as to an uncertain fact or
forecast of a future event, that, on the transpiring of what will disclose the truth, a
designated sum of money or other thing shall be transferred from the one who is
found to be in the wrong to the other who is ascertained to be in the right
It differs from bet because it usually depends upon the skill more than upon either
rmere chance or the unaided energies of an animal or player
Penalty for being found in common gaming house
4. Penality for being found in common gaming house: (1) whoever is found in any
common gaming house playing or gaming with cards, dice, counters, money or
other instruments of gaming, or for the purpose of gaming, whether for any money,
wager or stake or otherwise shall be punishable with imprisonment for a term which
may extend to 1 year or with fine which may extend to 5000 rs, or with boht (2) any
person found in any common gaming house during any gaming or playing therein

shall be presumed, until the contrary be proved, to have been there for the purpose
of gaming.

Addict:
2a. addict means a person physically or mentally dependent on any narcotic drug or
psychotropic substance, or a person who habitually uses narcotic drugs or
psychotropic substances.
2s. defines narcotic drug: means coca leaf, cannabis, heroin, opium, poppy straw
and all manufactured drugs
2za. Psychotropic substance means the substance specified in schedule to this Act,
and such substances as the FG may, by notification in the official Gazette, declare
to be psychotropic susbstance.
2u. Opium derivative: includes: (i) medicinal opium, that is, opium which has
undergone the process necessary to adapt it for medicinal use; (ii) prepared opium,
that is any product of opium obtained by any series of oeprations designed to
transform opium into an extract suitable for smoking, and the dross or other residue
remaining after opium is smoked (iii) morphine (iv) heroin (v) all prepartions
containing more than 0.2 percent morphine

What is meant by person going armed without license? What is the penaly?
The Act does not defined the term going armed. However, in its general sense,
going armed means carrying any sort of weapon for offense or defence in public
8. Prohibition of going armed without license: (1) No person shall go armed with
any arms except under a licence and to the extent and in the manner permitted
thereby. (2) any person so going armed without a licence or in contravention of
its provisions maybe disarmed by any Magistrate, police officer or other person
empowered by Government in this behalf (3) Nothing in sub-sections 1 and 2
shall apply to a person carrying arms under a written authority issued in
accordance with the rules
13. Penalty for breach of S.4,5,8 to 11: punishment with imprisonment for a term
which may extend to 7 years, with fine or both
Provided that the offence committed in respect to:
a. Any rile of .303 bore or over
b. Musket of .410 bore or over

c. Pistol or revolver of .441 bore or over and ammunition shall be imprisonment

for a term which is not less than 3 years
In light of the Motor Vehcile Ordinance write down the powers of a Police Officer to
arrest a person without warrant and detain a vehicle?
113. Power of arrest without warrat: (1) a police officer in uniform may arrest
without warrant any person who comits in his view an offence punshible under s.99
(driving recklessly or dangerously), 100 (driving while under influence of drugs or
drink) or 110 (unauthorized intereference with vehicle).
Provided that any person so arrested in connection with an offence punishable u/s
100 shall be subjected to a medical examination by a registered medical
practitioner within 2 hours of his arrest, and if not so subjected within the said
period of two hours shall be released from custody
(2) A police officer in uniform may arrest without a warrant: (a) any person who
being required under the provisions of this Ordinance to give his name and address
refuses to do so or gives a name and address which the police officer has reason to
believe to be false, or
(b) any person concerned in an offence under this Oridnance or reasonably
suspected to have been so concerned, if the police officer has reason to believe that
he will abscond or otherwise avoid the service of summons.
115. power to detain vehicle used without certificate of registration or permit: any
police officer authorized in this behalf by Governmetn may if he has reason to
believe that a motor vehicle has been or is being used in contravention of the
provisions of sub-section(1) of section 23 (motor vehicles not to be driven without
registration) or without permit required by subsection(1) of S.44 or in contravention
of any condition of such permit relating to the route on which or the area in which or
the purpose for which the vehicle may be used, seize and detain the vehicle.
How armed forces and civil armed forces can be called in and used to prevent
terrorism in aid of civil powers? Discuss in light of ATA
4. Calling of armed forces and civil armed forces in aid of Civil powers: (1) it shall be
lawful for the FG to order, subject to sub-section(2) for the provincial government to
secure, the presence of armed forces and civil armed forces in any area for the
prevention and punishment of terrorist acts and scheduled offences in accordance
with the provisions of this Act (2) if, in the opinion of the PG, the presence of armed
forces, or civil armed forces, is necessary in order to prevent the commission of
terrorist acts or scheduled offences in any area, it may request the FG to direct the
presence or posting of units or personnel of the armed forces, or civil armed forces,
in such numbers as may be deemed necessary for the prevention or control of
terrorist acts or scheduled offences (3) The Federal may decide whether the

requirements of the situation call for the deployment of (i) the civil armed forces; or
(ii) the armed forces. And so deciding shall by means of a notification in the official
gazette issued under clause (i) or (ii) authorize and direct the posting thereof.

What is the difference between Sections 13-A and 13-B of the Pakistan Arms
Ordinance 1965
13-A Penalty for breach of S. 4 in respect of cannon or automatic weapon etc:
whoever sells, or keeps, offers or exposes for sale a cannon, grenade, bomb, rocket,
or a light or heavy authomatic or semi-automatic weapon, such as AK-47, a GIII rifle
or any other type of assault rifle, or ammunition which can be fired from such
weapon, in contravention of the provisions of S.4 (unlicensed sale and repair
prohibited) shall be punishable with imprisonment for a term which may extend to
14 years and shall not be less than 7 years, fine and forfeiture of property
13-B Penalty for breach of S.8 or S.9 in respect to cannon or automatic weapon etc:
Whoever,
(a) Goes armed with a cannon, grenade, bomb, rocket, or a light or heavy
automatic weapon, such as AK47, GIII or any type of assault rifle, in
contravention of provisions of S.8 (prohibition of going armed without licence)
or
(b) Has in his possession or under his control any of the arms or weapons
reffered to In clause (a) or ammunition which can be fired from such weapon,
in contravention of S.9 (unlicenced possession of arms)
Shall be punishable with imprisonment for a term which may extend to 10 years and
shall not be less than 3 years and fine.
Disucss the provisions of the MPO with regard to:
a. S.14: Abetment of Offences: whoever abets the commission of an offence
punishable under this ordinance shall whether the act abetted is or is not
committed in consequence of the abetment, be punished with the
punishment provided for the offence.
b. Dissimation of Rumours etc: 16. However, (a) makes any speech, or (b) by
words whether spoken or written or by signs or by visible or audible
representations or otherwise publishes any statement, rumour or report shall
be punished with imprisonment which may extend to 3 years or with fine or
with both if such speech, statement, rumour or report: (i) causes or is likely to
cause fear alarm to the public or to any section of the public (ii) furthers or is
likely to further any activity prejudicial to public safety or the maintenance of
public order
c. 20. Sabotage: (1) No person shall do any act with intent to impair the
efficiency or impede the working of or to cause damage to (a) any building,

vehicle, machinery, apparatus, or other property used, or intended to be used

for the purposes of Government or any local authority (b) any railway,
tramway, road, canal, bridge, culvert, causeway,aerodome or telegraph,
telegraph line or post (c) any rolling stock of a railway or tramway, or any
aircraft; (d) any building or other property used in connection with the
production, distribution or supply of any essential commodity, any sewage
works, mine or factory (2) the provisions of subsection (1) shall apply in
relation to any omission on the part of a person to do anything which he is
under a duty, either to Government or to any public authority or to any
person, to do, as they apply to the doing of any act by a person (3) if any
person approaches or is in neighborhood of any such building, place or
property as mentioned in sub-section1 in circumstances which afford reason
to believe that he intends to contravene that sub-seciton, he shall be deemed
to have attempted a contravention thereof. (4) if any person contravenes or
attempts to contravene any of the provisions of this section, he shall be
punished with imprisonement for a term which may extend to 3 years, or with
fine, or with both
Duty of a driver to stop in certain cases
S.92: duty of driver to stop in certain cases: (1) A person who is driving a motoro car
vehicle shall cause the vehicle to stop and remain stationery when: (a) required or
directed by a police officer in uniform (b) required by a person authorized by the
Government (c) required by a person in charge of an animal if the person
apprehends that the animal is, or being alarmed by the vehicle and may become
unmanageable or (d) the vehicle is involved in an accident with a person or property
and the person driving shall give his name and address and the name and address
of the owner to the person affected by the accident (2) the driver of a motro vehicle
shall, on demand by a person giving his own name and address and alleging that
the driver has committed an offence punishable under section 99, give his name
and address to that person
Duty of owner of motor vehicle to give information
S.93: Duty of owner of motor vehicles to give information: the owner of a motor
vehicle, the driver of which is accused of any offence under this Ordinance shall, on
the dmenad of any police officer or an officer of the Transport Department give all
information regarding the name and address and the licence held by the driver
which is in his possession ro could by the exercise of due diligence be ascertained
by him
Discuss in detail the provisions for grant of bail, rmand and remissions under the
ATA?
21-D Bail:

(1) Notwithstanding the provisions of S.439, 491, 496, 497, 498-A and 561-A of
the Code, no Court other than an anti-terrorism court, a high court or the
supreme court shall have the power or jurisdiction to grant bail to or
otherwise release the accused person in a case triable by an Anti-Terrorism
Court.
(2) All offences under this Act punishable with death or imprisonment exceeding
3 years shall be non-bailable provided that
(3) Subject to sub-section 2, the court may admit a person to bail unless satisfied
that there are substantial grounds for believing that the person, if released on
bail (whether subject to conditions or not), would:
a. Fail to surrender to custody
b. Commit an offence while on bail
c. Interfere with a witness; otherwise obstruct or attempt to obstruct the
course of justice, whether in relation to himself or another person, or
d. Fail to comply with the conditions of release if any
(4) In exercising its powers in relation to a person seeking bail under this Act, the
Court shall have regard of such of the following considerations (as well as to
any others which it considers relevant)
a. The nature and seriousness of the offence with which the person is
charged
b. The character, antecedents, associations and community ties of the
person
c. The time which the person has already spent in custody and the time
which he is likely to spend in custody if he is not admitted to bail, and
d. The strength of the evidence of his having committed the offence
21-E Remand:
(1) Where a person is detained for investigation, the IO, within 24 hours of the
arrest, excluding the time necessary for the jounry from the place of arrest to
the court, shall produce the accused before the court, and may apply the
remand of the accused to police custody [or the custody of any investigating
agency joined in the investigation] for which the maximum period allowed
may be 15 days
(2) No extension of time of the remand of the accuse din police custody shall be
allowed unless it can be hsown by the IO to the satisfaction of the ocurt that
further evidence may be available and the court is satisfied that no bodily
harm has been or will be caused to the accused. Provided that the total
period of such remand shall not exceed 30 days
What organizations are deemd to be associated with terrorism and what measures
are required against an organization proscribe dunder ATA
11-A ORganzations concnered with terrorism- for the purposes of this Act, an
organization is concerned with terrorism if it:
a. Commits or participates in acts of terrorism

b.
c.
d.
e.

Prepares for terrorism

Promotes or encourages terrorism
Supports and assists any organization concerned with terrorism
Patronizes and assists in the incitement of hatred and contempt on religious,
sectarian or ethnic lines that stir up disorder
f. Fails to expel from its ranks those who commit acts of terrorism and present
them as heroic persons or
g. Is otherwise concerned in terrorism
11-E measures to be taken against a prescribe dorganization
Where any organization shall be prescribed
(1) Among other measures to be taken y the FG
a. It offices, if any, shall be sealed
b. Its accounts, if any shall be frozen
c. All literature, posters, banners or printed, electronic, digital or other
material shall be seized
d. Publication, printing or dissimation of any press statements, press
conferences or public utterness by or on behalf of or in support of a
prescribed organization shall be prohibited
(2) The Prescribed organization shall submit all accounts of its income and
expenditure for its political and social welfare activities and disclose all
funding sources to the competent authority designated by the FG

What is the preocedure prescribed for initating porceedings in case of contempt

under the Contempt of Court Ordinance 2004. In what manner appearl may be
made against orders passed by a suprios court in cases of contempt?
Contempt of Court: whoever disobeys or disregards any order, direction or process
of a court, which he is legally bound to obey; or commits a willful breach of a valid
undertaking given to a court, or does naything which intended to or tends to bring
the authority of a court or the administration of law into disrespect or disrepute or
to interfere with or obstruct or interrupt or prejudice the process of law or the due
course of any judicial proceedings, or to lower the authority of a court or scandalize
a judge in relation to his office or to disturb the order or decorum of a court is said
to commit contenmpt of court.
The contempt is of three types:
1- civil contempt
2- criminal contempt
3- judicial contempt
cognizance of criminal concept:

a. suo motto, or
b. on the initiative of any person connected with the proceedings in which the
alleged contempt has been committed, or
c. on the application of the law officer of a provincial or the federal govnerment
judicial contempt: a superior court may take action in a case of judicial contempt on
its own initiative or on information laid before it by any person
Civil Contempt: proceedings for civil contempt may be initiated suo motto or at the
instance of an aggrieved party
17. Procedure
(1) save as expressly provided to the contrary, proceedings in case of contempt
shall be commenced by the issuance of a notice, or a show cause notice, at the
discretion of the court
(2) in the case of a notice the alleged contemner may enter appearance in person
or through an advocate, and, in the case of a show cause notice, shall appear
personally. Provided that the court may at any time exempt the alleged contemner
from appearing personally
(3) If, after giving the alleged contemner an opoortunity of a preliminary hearing,
the court is prima facie satisfied that the interest of justice so requires, it shall fix a
date for framing a charge in open Court and proceed to decide the matter either on
that date, or on a subsequent date or dates, on the basis of affidavits or after
recording evidences.
Appeal:
(1) Notwithstanding anything contained in any other law or the rules for the time
being in force orders passed by a superior court in cases of contempt shall be
appealable in the following manner:
a. In the case of an order passed by a single Judge of aHC in intra-court
appeal shall lie to a bench of two or more judges
b. In case in which the original order has been passed by a Division or
larger bechn of High court an appeal shall lie in the Supreme Court,
and
c. In case of an original order passed by a signle judge or a bench of two
judges of the SC an intra-court appeal shall lie toa bench of three
judges and in case of the original case was passed by a bench of three
or more judges, an intra-court appeal shall lie to a bench of 5 or more
judges
Power to seize documents
O any

(1) any police officer in this behalf may, if he has reason to believe that any
identification mark carried on motor vehicle or licence, permit, certificate of
registration, certificate of insurance or other document produced before him by the
driver or person in charge of a motor vehicle is a false document within the
meaning of 464 of the PPC, seize the mark or document and call upon the driver or
owner of the vehicle to account for his possession of or the presence in the vehicle
of such mark or document
(2) any police officer authorized may, if he has a reason to believe that the driver of
a motor vehicle who is charged with any offence under this ordinance may abscond
or otherwise avoid the service of summons, seize any licence held by such driver
and forward it to the court taking cognizance of the offence, and the said court may,
on the appearance of such driver before it and on such terms as to security as it
may deem fit, return the licence to him
12. Cancellation and suspension of licences:
(1) Any licence may be cancelled or suspended
(a) by the officer by whom the same was granted or by any authority to which he
may be subordinate or any DM within the local limits of whose jurisdiction the
holder of such licence may be, when for reasons to eb recorded in writing and after
giving the holder of the licence an opportunity of showing cause against the
proposed cancellation or suspension, such officer, authority or Magistrate deems it
necessary for the security of thepublic peace to cancel or suspend such licence: or
(b) by any judge or magistrate before whom the holder of such licence is convicted
of an offence against this ordiancne or against the rules and government may by a
notification in the official gazette, cancel or suspend all or any licences throughout
the province or any part thereof
(2) an appeal against order of cancellation or suspension under clause (a) of subsection (1) may eb made by the person whose licence has been cancelled or
suspended to the immediate official superior to the authority making the order,
within 60 days of the receipt of him of a copy of the order where appeallies to the
government, and where appeal lies to any other authority within 30 days of the
receipt by him of a copy of the order

Permit
44. Transport vehicles not to be used or driven without permit
(1) No owner of a tranposrt vehicle shall use or permit the use of, and no driver of a
transport vehicle shall drive or cause or permit to be driven, the vehicle in any
public place, save in accordance with the conditions of a permit authorizing the use

or driving of the vehicle in such place granted or countersigned by the Regional or

Provincial Transport Authority:
Provided that a stage carrier permit shall, subject to any conditions that may be
specified in the permit, authorize the use of the vehicle as a contract vehicle
Provided further that a stage carrier permit may, subject to any conditions that may
be specified in the permit, authorize use of the vehicle as a goods vehicle either
when carrying passengers or not
Provided also that a public carriers permit shall, subject to any conditions that may
be specified in the permit authorize the holder to use the vehicle for the carriage of
goods for or in connection with a trade or business carried on by him
(3) Subsection (1) shall not apply:
a. to any transport vehicle owned by or on behalf of the Federal or any Provincia;l
Govt and used for public purposes
b. to any transport vehicle by a local authority or by a person acting under contract
with local authority and used solely for road cleaning, watering or conservancy
purposes
c. to any emergency vehicle
d. to any transport vehicle used for other public purposes prescribed in this behalf
e. to any transport vehicle used for the conveyance of corpses
f. to any transport vehicle used for towing a disabled vehicle or for removing goods
from a disabled vehicle to safety
g. to any school bus
h. to a bus operated under the Punjab metrobus authority, or

82. Duty to obey traffic signs

1. every driver of a motor vehicle shall drive in vehicle in conformity with any
indication given by a mandatory traffic sign and in conformity with the driving
regulations set forth in the tenth schedule, and shall comply with all dreictions given
by an electrical traffic signaling device or by any police officer engaged in the
regulation of traffic in any place
Question: No one is allowed to drive an automobile vehicle without licence. Discuss
in the light of relevant law.

16. Licence: Licence means the document issued by competent authority

authorizing the person specified therein to drive a motor vehicle or a motor vehicle
of any specified authority class or description.
17. The licencing authority is an authority empowered to grant licnces under this
Ordinance.
3. Prohibtion on driving without licence: (1) No person shall drive a motor vehicle in
any public place unless he holds an effective licence authorizing him to drive the
vehicle; and no person shall so drive a motor vehicle as paid employee or shall so
drive a public service vehicle unless his licence specifically entitles him to do so;
provided that the person receiving instructions in driving a motor vehicle may
subject to such conditions as may be prescribed by Government in this behalf, drive
a motor vehicle in any public place
(2) No person shall drive a motor vehicle in any public place unless he has in his
possession his own copy of the most recent version of the Pakistan Highway Code
published by the Federal Government.
116-A Ticketing System: (1) Notwithstanding anything contained in the Ordinance or
any other law, if a person commits an offence mentioned in the Twelfth Schedule, an
authorized police officer may at the spot, draw a charge against him stating the
offence. (2) The police officer or the authorized person shall draw the charge on 5
copies of Form-J and shall, immediately:
a. Deliver three copies of Form J to the accused and get the acknowledgement
b. Forward the 4th copy and the seized document to the bank branch, the post
office or the traffic sector office from where the acused may get his document
after payment of the fine, and
c. Retain the fifth copy in office for record
(3) A person charged with an offence under this section shall, if he does not want to
contest the charge, pay within 10 days from the date of delivery of the charge the
penalty specified for the offence in the 12 th schedule through cash in the notified
branch of the bank, or post office or traffic sector office as indicated in the charge
(4) where the accused pleads guilty and pays the prescribed fine within the
specified time, no further proceedings in respect of the offence shall be taken
against him
(6) If the fine is not paid within the specified time, the police officer shall file a
complaint against the accused before the court of competent jurisdiction
(7) if during trial, the offender is found guilty of the offence by the trial court, he
shall be convicted to fine double to that mentioned in the charge

Driving a motor vehicle without driving licence is a violation of S.3 of this Act and
therefore penalized as per Twelfth Schedule. (Rs. 200 for motorcycle, 500 for Motor
Vehcile)
Discuss whether age factor is relevant for issuance of LTV, HTV driving licences
4. lays down restrictions on age requirements for obtaining a dirving licence:
(1) No person shall drive in any public place:
(i) A motor cycle or an invalid carriage, unless he has attained the age of 18 years,
(ii) a motor car, otherwise than as paid employee, unless he has attained the age of
18 years
(iii) a motor car, as paid employee or a transport vehicle, unless he has attained the
age of 21 years
(iv) a heavy transport vehicle unless he has attained the age of twenty two years
(2)(a) no person about age of 50 years shall drive a transport vehicle in any public
place unless the licence entitiling him to do so bears an effective endorsement of
the licencing authority that such person has furnished a certificate in Form B as set
forth in the First Schedule signed by a registered medical practicioner
(b) The licencing authority shall not make an any licence any such endorsement as
is referred to in clause (a) unless it appears from the medical certificate furnished
by the holder of the licence that he is not suffering from any disease or disability
specified in Second Schedule or any other disease or disability which is likely to
cause the driving by him ofa transport vehicle to be a source of danger to the
public or to the passengers
According 7. A person disqualified under S.4 shall not apply for a licencse
Considerations by the Licencing Authority while issuing lincence to a person for
driving transport vehicle
7(3). Where the application is for a licence to drive as a paid employee or to drive a
transport vehicle, or where in any other case the licensing authority for reasons to
be stated in writing so requires, the application shall be accompanied by a medical
certificate in Form B as set forth in the First Schedule signed by a registered medical
practitioner
7(8). No licence shall be issued to any applicant to drive a heavy transport vehicle
unless he has held for a period of not less than three years immediately preceding
the making of the application an effective licence to drive a motor vehicle other
than a motor cycle, an invalid carriage or a road roller