KARACHI: A court dismissed on Monday an illicit weapon case against an agent of US Federal Bureau of Investigation (FBI) after police said that he was “authorised” to carry arms and ammunition.

Joel Cox Eugene was arrested by the Airport Security Force at Karachi airport on May 5 when he was about to board an Islamabad-bound flight. Fifteen bullets of 9mm calibre with a magazine were found in his luggage and he was booked in a case under the arms act.

The following day, a magistrate handed him over to police on four-day remand. But on May 8 a sessions court granted him bail when the prosecuting and investigating agencies raised no objection.

Police submitted on Monday an investigation report under “C-class,” usually defined as factual mistake, in the court of a magistrate and sought to withdraw the case on the

ground that Mr Eugene had the authority to carry arms and ammunitions.

After going through the report and hearing the prosecutor and defence lawyers, the judicial magistrate, Hassan Ali Kalwar, approved the police report and ordered cancellation of the case.

The court order said that during investigation, police had received letters from the US embassy in Islamabad confirming that Mr Eugene was an FIB agent. The correspondences were ratified by the provincial government.

The prosecutor contended in his scrutiny note that since the authorities concerned had confirmed the authorisation (for the ammunition) no offence would be made out. The defence lawyer also argued that there was no case as the possession of the ammunition was legal and authorised one.

The court ruled that admittedly there was no dispute about the recovery of the ammunition but the question of a licence might not apply in the case because the suspect was not a Pakistani national.

The court also valued the statements of the prosecutor and defence lawyers and approved the police report under C (cancel) class. It ordered that the FIR be cancelled under the provision of the Police Rules 1934 and the Criminal Procedure Code.

But the court said that being an administrative order, it could be recalled if any further sound material/evidence in respect of offence came up on record. The court asked police to return personal belongings of the suspect after verification.

The investigating officer submitted the final investigation report under section 173 of CrPC in “C-class” for cancellation of the case.

Referring to two letters sent by the US embassy, the police report said that the suspect was a special agent of FBI and had come to Pakistan on an official assignment. The embassy has provided him a pistol for his protection.

The magazine and bullets were unintentionally left in his luggage, the report said. The ammunition was found to have been allotted by the embassy.

The suspect who had appeared with his counsel thanked the magistrate for quashing the case.

Published in Dawn, May 20th, 2014