Prosecution Of Illegal Arms Factories In Nepal
Legal Context in Nepal
Statutes: The Muluki Criminal Code (2017/2074) criminalizes the unauthorized manufacture, sale, possession, or transfer of arms and ammunition. Key sections include:
Section 129: Manufacturing arms/ammunition without a license (punishable by imprisonment up to 10 years and fines).
Section 130: Transaction of arms without license.
Section 131: Use of arms for criminal purposes.
Regulatory Authority: Nepal Police and Ministry of Home Affairs oversee enforcement; licensing is mandatory for production or trade.
Key Evidence for Prosecution:
Existence of a facility producing arms or ammunition.
Machinery, raw materials, and finished products.
Evidence of unauthorized operation (absence of license).
Witness testimony or digital/financial records linking accused to production.
Case 1: Illegal Arms Factory in Dang District
Facts:
Police discovered a clandestine arms factory in a rural area of Dang, manufacturing country-made pistols and cartridges. The factory had homemade guns, partially assembled firearms, and machining equipment.
Legal Issues:
Unauthorized manufacture of firearms.
Possession and distribution of unlicensed arms.
Court Findings:
Evidence included seized firearms, machinery, and confessions from the accused.
Factory operation was entirely unauthorized; accused were involved in both production and local distribution.
Outcome:
Accused sentenced to 7 years imprisonment and fines under Sections 129 and 130.
Equipment and firearms were seized and destroyed.
Significance:
First high-profile case in a rural area highlighting small-scale arms factories targeting local markets.
Case 2: Illegal Arms Workshop in Kathmandu Valley
Facts:
An underground workshop in Kathmandu was producing semi-automatic firearms and selling them to criminal networks. The factory used CNC machines to produce barrels and receivers.
Legal Issues:
Manufacturing of semi-automatic firearms without license.
Potential supply to criminal gangs (enhancing severity).
Court Findings:
Police surveillance and forensic inspection confirmed organized manufacturing.
Documentation of financial records showed sale to local gangs.
Outcome:
Accused received 8 years imprisonment.
Arms and machinery confiscated.
Court emphasized aggravating factor: supplying arms for criminal purposes.
Significance:
Demonstrates link between illegal arms factories and urban crime networks.
Case 3: Cross-Border Arms Smuggling Linked Factory
Facts:
A factory in southern Nepal near the Indian border was producing firearms and smuggling them into India. The authorities discovered large stockpiles of homemade pistols, rifles, and ammunition.
Legal Issues:
Unauthorized production of arms.
Cross-border smuggling (national security threat).
Organized crime involvement.
Court Findings:
Police investigations traced weapons to Indian buyers.
Factory operation involved multiple individuals in distinct roles: manufacturing, packaging, transportation.
Outcome:
Lead operator sentenced to 10 years imprisonment; accomplices received 5–7 years.
Arms and equipment forfeited.
Significance:
First documented case highlighting international dimension of illegal arms manufacturing in Nepal.
Case 4: Illegal Firearms Repair and Modification Factory
Facts:
A workshop in Lalitpur was modifying licensed firearms into automatic/semi-automatic weapons. This workshop operated under the guise of legal repair services.
Legal Issues:
Unauthorized modification and manufacturing.
Illegal enhancement of licensed firearms.
Court Findings:
Forensic tests confirmed weapons were altered for higher lethality.
Accused argued they were providing “repair services,” but prosecution proved intent to enhance capability.
Outcome:
6 years imprisonment and heavy fines under Sections 129 and 131.
Confiscation of workshop machinery and weapons.
Significance:
Highlights that “modification” is also considered illegal manufacturing.
Case 5: Rural Machine Shop Producing Ammunition
Facts:
Authorities raided a small machine shop in a rural district producing cartridges and gunpowder. The operation was low-tech but supplied hunters and local gangs.
Legal Issues:
Manufacturing ammunition without license.
Risk of illegal sale to criminals.
Court Findings:
Testimony from local users linked accused to distribution.
Lack of license confirmed illegal status.
Outcome:
5 years imprisonment; seizure of raw materials and equipment.
Significance:
Shows that even small, low-tech operations fall under strict liability.
Case 6: Industrial-scale Factory in Mid-Western Nepal
Facts:
Police discovered a large-scale illegal arms factory producing multiple types of firearms and components, including rifles and pistols. Operation involved at least 12 people.
Legal Issues:
High-volume unauthorized manufacturing.
Organized crime involvement.
Potential use in violent crimes and insurgency.
Court Findings:
Extensive documentation of machinery, inventory, and worker roles.
Factory had sophisticated equipment, showing premeditation.
Outcome:
Lead accused sentenced to 10 years imprisonment; workers received 3–5 years.
Full seizure and destruction of factory assets.
Significance:
Demonstrates severe penalties for large-scale operations and structured criminal networks.
Key Observations
Penalty severity: Large-scale, cross-border, or organized production attracts up to 10 years imprisonment, while smaller operations may attract 5–7 years.
Types of operations: Ranges from small rural workshops to industrial-scale factories.
Evidence required: Machinery, firearms/ammunition, financial records, witness testimony.
Aggravating factors: Supplying criminal networks, cross-border smuggling, modification of licensed weapons.
Confiscation & destruction: All cases involve seizure of machinery, weapons, and raw materials.
Preventive measures: Licensing, monitoring workshops, public awareness, and coordinated border enforcement are critical.
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