1994 MLD 598

MUHAMMAD AKRAM Versus STATE

Citation1994 MLD 598

CourtLahore High Court

Judge(s)Sh. Ijaz Nisar and Raja Afrasiab Khan

ResultAppeal accepted

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.