Last Change:

12/26/2024

The Smuggling of Arms Act

Year: 1934

Type: Domestic law

Rights Category: Liberty & security of person

Description

The Act came in action to make better provision for the prevention of smuggling of arms and ammunition in Bangladesh. The provisions of the Act is applicable to anyone who resides within or habitually visits or frequents such notified area and is a smuggler of arms or ammunition into or from Bangladesh, or abets such smuggling; sells, purchases receives or transports, or abets the sale, purchase, receipt or transport of, arms or ammunition which he knows or has reason to believe to have been smuggled; or has been convicted by any Court in Bangladesh of an offence connected with the smuggling of arms or ammunition. An offence under this Act is non-bailable.

Selected provisions
Section 2: Definitions

In this Act, unless there is anything repugnant in the subject or context,-
(1) "arms" and "ammunition" have the same meaning as in section 4 of the Arms Act, 1878;
(4) "notified area" means any area which is declared to be a notified area under section 3.
(5) "smuggler of arms" includes any person who-
(a) smuggler arms or ammunition into or from Bangladesh, or abets such smuggling;
(b) sells, purchases, receives or transports, or abets the sale, purchase, receipt or transport of, arms or ammunition which he knows or has reason to believe to have been smuggled;
(c) has been convicted by any Court in Bangladesh of an offence connected with the smuggling of arms or ammunition;

Section 3: Power to declare notified area

The Government may, by notification in the official Gazette, declare that any area specified in the notification shall be a notified area for the purposes of this Act.

Section 4: Report by district Magistrate

Whenever it shall appear to any District Magistrate that there is within a notified area within his jurisdiction any person who-
(a) is a smuggler of arms, and
(b) resides within or habitually visits or frequents such notified area,
the District Magistrate may make a report to the Government with a recommendation that such person be dealt with under the provisions of this Act.

Section 5: Issue of warrant on receipt of report

(1) On receipt of the report of the District Magistrate the Government may make an order for the issue of a warrant for the arrest of the person against whom the report has been made.
(2) The warrant shall be in such form as shall be prescribed by the Government by notification in the official Gazette and shall be issued by the District Magistrate and shall contain a statement of the heads of the charges against such person, and shall require him to submit by petition to the advising judges appointed under sub-section (1) of section 6, by such date as may be specified in the warrant, any representation that he may desire to make.
(3) The person arrested under such warrant shall be detained in custody until the final order of the Government under section 7 is communicated to him, unless the officer by whom the warrant is issued directs, in his discretion, that such person shall be released from custody on his executing, to the satisfaction of such officer, a bond with sufficient sureties for his attendance at such place and at such time or times as may be specified in the warrant and thereafter as such officer may direct:
Provided that while such person is detained in custody he shall be given reasonable facilities, under proper safeguards, for communicating with his legal adviser.
(4) The District Magistrate by whom such warrant is issued shall have-
(i) for the enforcement of the attendance of the person, against whom the warrant is issued, at such place and at such time or times as may be specified therein (and thereafter as the District Magistrate may direct), in order to communicate to such person the final order of the Government made under section 7, and
(ii) for the forfeiture, under section 514 of the Code of Criminal Procedure, 1898, of any bond, executed for the attendance of such person at such place and at such time or times, all the powers of such District Magistrate under the Code of Criminal Procedure, 1898; and the warrant shall for the purposes set forth in clauses (i) and (ii) be deemed to be a warrant issued by a District Magistrate for the arrest of the said person to answer a charge in respect of a non-bailable offence committed by him within the jurisdiction of such Magistrate.

Section 7: Order of removal by Government

(1) On receipt of the report of the advising Judges the Government, if satisfied that the person against whom the report has been made, should be removed elsewhere, may by an order reciting the conclusions of the advising Judges, as reported by those Judges,-
(b) direct him to leave the notified area within such time, by such route and for such period as may be stated in the order, and may in that case further order that he shall during the same period notify his place of residence and any change on intended change of residence and any absence or intended absence from his residence to the officer appointed by the Government in this behalf.
(2) The order of the Government under sub-section (1) shall be final, and shall not be called in question in any subsequent proceeding under section 10 or section 11:
Provided that the Government may, at any time, cancel or suspend such order or reduce the period for which the said person is required to leave 8 the notified area.

Section 8: Evasion of orders

Where any person on whom a warrant has been served under section 5-
(i) fails to attend at the place and at the time or times specified in the warrant and thereafter when required in order to receive the order of the Government under section 7, or
(ii) prior to the issue of that order, leaves Bangladesh or the notified area, as the case may be,
the Government may issue the order under section 7 in the absence of that person by publishing the same in the official Gazette, and such person shall be deemed to have absconded in order to evade that order:
Provided that the Government may condone a failure to attend under clause (i), on reasons for such non-attendance being furnished to its satisfaction, and in that case such person shall not be deemed to have absconded in order to evade the order.

Section 9: Identification order

Every person in respect of whom an order has been made under section 7 shall, if so directed by the District Magistrate-
(i) present himself to be photographed;
(ii) allow his finger impression to be recorded;
(iii) if literate, furnish such officer with specimens of his handwriting and signature; and
(iv) attend at such times and places as the District Magistrate may direct for all or any of the aforesaid purposes.

Section 10: Penalty

When any person, against whom an order has been made under section 7, fails to comply with such order within the time specified therein or after complying with the same order returns to, or after evading the same order returns to or remains in, any place within Bangladesh or the notified area, as the case may be, before the expiry of the period stated in the order, or fails to give to the officer appointed to receive it the information in regard to residence or absence set forth in section 7, such person may be arrested without a warrant by police officer and shall, on conviction before a Magistrate of the first class, be liable to be punished with rigorous imprisonment for a term which may extend to two years, or with fine, or with both.

Section 11: Penalty for breach of order under section 9

(1) Any person who fails to comply with, or attempts to evade, any direction given in accordance with the provisions of section 9 shall be liable to be arrested without a warrant and shall, on conviction before a Magistrate of the first class, be liable to be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand Taka or with both.
(2) Any offence under this section or under section 10 shall be deemed to be a non-bailable offence.

Section 12: Operation of other penal laws not barred

Nothing contained in this Act shall be deemed to prevent any person from being prosecuted under any other law for any act or omission which constitutes as offence punishable under such other law.