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Petitioner: QUTUBUDDIN VS Respondent: THE STATE
Court Name: Sindh High Court Judge(s): Ata-ur-Rehman Title: QUTUBUDDIN vs THE STATE Case No.: Criminal Appeal No,85 of 2001 Date of Judgment:2001-09-25 Reported As: 2002 P Cr. L J 798 Result: Appeal allowed
Judgment ORDER 'This appeal is directed against the judgment, dated 30-8-2001 passed by the Additional Sessions Judge, Ratodero, convicting andksentencing the appellant to suffer R.I. For 14 years in Sessions Case No,485 of 2001 under section 7(c), Surrender of Illicit Arms Act, 1991. ' Mr. Muhammad Ismail Bhutto, Advocate for State waives the notice or this appeal. The counsel for the appellant referred to the order passed by this Court in Criminal Bail Application No,561 of 2001 and 9 others wherein it has been held that in the absehce of a Notification under section 4 of the Act (supra), no case under section 7(c) can be registered. Mr. Muhammad Ismail Bhutto concedes to this position and also concede if this appeal is admitted for regular hearing and allowed thereafter. In the circumstances, keeping in view the finding in Criminal Bail Application No,561 of 2001 and 9 others, this appeal is admitted to regular hearing and allowed. Judgment and sentence is set aside and he may be set free if he is not required in any other case.