MUHAMMAD QAISER Versus STATE

JUSTICE ABDUL MAJID TIWANA (MEMBER).- --The appellant, who is also an accused in a murder case, was tried by the learned Judge, Special Court for Speedy Trial No.II, Lahore, for having been found in possession of an illicit arm and some ammunition when on 6-5-1992 he was arrested at General Bus Stand, Okara during the investigation of the murder case. On the commencement of the trial, he was charged under section 7 of Surrender of Illicit Arms Act, 1991 and on its conclusion, vide judgment, dated 28-11-1992 he was convicted thereunder and sentenced to seven years' R.I.

2. There is nothing on the record to show that the illicit arm and ammunition recovered from the appellant were the same which he had failed to surrender during the period notified by the Government under section 4 of the said Act. It was the necessary ingredient of section 7 and since it was not proved, the conviction and sentence of the appellant are not sustainable. His appeal is, therefore, accepted, his conviction and sentence are set aside and he is acquitted. He should be set at liberty if not required in any other case.

N.H.Q./106/SAC Appeal accepted.