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Petitioner: ATA MUHAMMAD Alias ATAULLAH VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Abdul Majeed Tiwana Title: ATA MUHAMMAD Alias ATAULLAH vs THE STATE Case No.: Criminal Appeal No.73 of 1987 Date of Judgment:1991-03-17 Reported As: 1991 P Cr. L J 1750 Result: Order accordingly
JUDGMENT
JUDGMENT Ata Muhammad alias Ataullah appellant was tried by a learned Additional Sessions Judge at Faisalabad for having been found in possession of an unlicensed revolver when on 6-4-1983 at about 3-30 a.m. He alongwith Muhammad Akram co-accused, committing lurking house-trespass by night, burgled the house of Muhammad Akram in Mohallah Islam Nagar, Faisalabad and during the course of committing theft they were caught by the occupants of the house alongwith the illicit arm. 2. With reference to 1989 MLD 3966, the learned counsel for the appellant submits that this case under section 14-A of West Pakistan Arms Ordinance, 1965 was exclusively triable by a Magistrate of 1st Class and the learned Additional Sessions Judge had no jurisdiction to handle it. 3. Learned counsel for the appellant has rightly stated the legal position. The learned Additional Sessions Judge had no jurisdiction to try this case and as such the trial, the conviction and the sentence of the appellant, all are without lawful authority. The appeal is, therefore, accepted. The conviction and sentence of the appellant are set aside and he is acquitted. It is not considered proper to direct retrial of the appellant after such a long time.