By this revision under sections 439 and 561-A, Cr. P. C. The petitioner has come up against the judgment dated 16-12-1978, of the learned 1st Additional Sessions Judge, Shikarpur, regarding disposal of the case property which is as under :- "Gun be returned. Licence stands cancelled."
2. The brief facts are that the petitioner was;, sent up along with three others to stand trial under section 302/34, P. P. C. And was tried by the learned Additional Sessions Judge, Shikarpur in Sessions Case No. 525 of 1976, who acquitted him by his judgment dated 16-12-1978, in which the impugned order was passed.
3. The learned counsel for the petitioner contends that the learned Additional Sessions Judge, has no power to cancel the petitioner's gun---licence as the powers of cancellation of the gun do not vest in him under the circumstances of this case by virtue of section 12 of West Pakistan Arms Ordinance, 1965 and M. L. O.
64. It would be worthwhile to reproduce section 12 of the Arms Ordinance and M. L. O. 64, under going a formal procedure.
"12.-(1) Any licence may be cancelled or suspended-
(a) by the officer by whom the same was granted or any authority to which he may be subordinate or any District Magistrate within the local limits of whose jurisdiction the holder of such licence may be, when, for reasons to be recorded in writing, and after giving the holder of the licence an opportunity of showing cause against the proposed cancellation or suspension, such officer, authority or Magistrate deems it necessary for the security of the public peace to cancel or suspend such licence ; or
(b) by any Judge or Magistrate before whom the holder of such licence is convicted of an offence against this Ordinance or against the rules and Government may, by a notification in the official Gazette, cancel or suspend all or any licences throughout the province or any part thereof."
The relevant portion of M. L. O. 64 regarding cancellation of licence reads as under :- "(1) This order shall be called cancellation of Fire-Arms Licence Order, 1978, and shall come into force at once.
(2) Notwithstanding anything contained in any law or rule for the time being in force, a District Magistrate shall review the licences for fire--arms issued between 1st January, 1972 and 21st December, 1976, and if he is satisfied that any such licensee is an undesireable person and is not fit to hold the licence, he shall cancel his licence."
4. The learned counsel for the petitioner contends that the learned Additional Sessions Judge, does not come within definition of any of the above authorities. He further contends that the learned Additional Sessions Judge, on the contrary came to conclusion in his judgment that the petitioner Abdul Ghafoor who was alleged to have been armed with a gun at the time of incident had nothing to do with the commission of murder as no cartridge had been used from his gun and was accordingly acquitted by him. Therefore' his order for cancellation of licence is not tenable in law and is liable to be quashed.
5. The learned counsel for the State, does not support the impugned order as the learned Judge has no power of cancellation of gun-licence in case of acquittal of the petitioner.
6. In the result, I accept this appeal and quash the impugned order considering it improper and without lawful authority.