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Petitioner: SYED HUSSAIN SHAH VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Abdul Majeed Tiwana Title: SYED HUSSAIN SHAH vs THE STATE Case No.: Criminal Appeal No. 8 of 1986 Date of Judgment:1989-06-06 Reported As: 1989 MLD 3966 Result: Appeal allowed
JUDGMENT
JUDGMENT Sadiq Hussain Shah appellant was convicted under section 13 of the Arms Ordinance, 1965 and sentenced to one year R.I. By Mr.Sarfraz Ahmad Khan, Sessions Judge, Layyah, for having been found in possession of an un-licensed revolver when on 7-7-1985, being in Police custody in murder case, led to its recovery. 2. The learned counsel for the appellant with reference to the authority (Muhammad Amir Maui, JI- ----------------------------------------------------------------------------------------- ---------------------------------.. known as Muhammad Aslam v. State (1980 P.Cr. LJ 314) submits that the trial, conviction and sentence of the appellant under section 13 of the Arms Ordinance, 1965, by the learned Sessions Judge was illegal because this offence was exclusively triable by a Magistrate Ist Class. Agreeing with the contention of the learned counsel based on the aforesaid authority, I hold that the entire proceedings taken against the appellant were without jurisdiction and without lawful authority. The appeal is therefore accepted, the conviction and sentence of the appellant are set aside, and he is acquitted. SA./S-545/L
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