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Petitioner: MUHAMMAD AKRAM VS Respondent: STATE
1994 M L D 598
1994 M L D 598
[Lahore]
Before Sh. Ijaz Nisar and Raja Afrasiab Khan, JJ
MUHAMMAD AKRAM---Appellant
versus
THE STATE---Respondent
Criminal Appeal Nos04 of 1992, decided on 16th November, 1993.
Surrender of Illicit Aims Ordinance (XX of 1991)---
----S.7---Suppression of Terrorist Activities (Special Courts) Act (XV of 1975), S.4---Jurisdiction of Special Court---Offence under section 7 of the Surrender of Illicit Arms Ordinance, 1991, being not a scheduled offence, trial of accused by Special Court constituted under Suppression of Terrorist Activities (Special Courts) Act, 1975, was illegal---Accused was acquitted in circumstances.
Malik Noor Muhammad Awan for Appellant.
Muhammad Iqbal Khichhi, AA.-G. for the State.
Date of hearing: 16th November, 1993.
ORDER
RAJA AFRASIAB KHAN, J: --Muhammad Akram alias Makra alias Shahdu son of Muhammad Ramzan was tried by the learned Judge, Special Court (Suppression of Terrorist Activities), Gujranwala Division, Gujranwala under section 7 of Surrender of Illicit Arms Ordinance, 1991. By judgment dated 30-6-1992, he was convicted and sentenced to 14 years' R.I. with benefit of section 382-B, Cr.P.C.
2. Feeling aggrieved, he has filed this appeal.
3. The prosecution case is that the appellant was found in possession of a Klashnikov after the expiry of the time for its surrender.
4. At the very outset, Mr. Muhammad Iqbal Khichhi, learned AA-G. concedes that since offence under section 7 of the Surrender of Illicit Arms Ordinance was not a scheduled offence, trial of the appellant by the Special Court was illegal.
5. In the above circumstances, we accept the appeal set aside the conviction of Muhammad Akram appellant and acquit him of the charge. He shall be released forthwith if not required to be detained in any other case.
N.H.Q./M-1304/L Appeal accepted.