' FAZAL KARIM, J.-- This will dispose of Criminal Appeals Nos. 299, 323 and 324 of 1988 by Khadim Hussain, Anwar Hussain Shah and Masood Akhtar, appellants. They are directed against the judgment of the learned Special Court for Speedy Trials No, 9, Gujranwala, dated 10-3-1988 convicting the appellants under section 13 of the Arms Ordinance, 1965 and sentencing them to R.I.
For three years, fine of Rs,1,000 and in default R.I. For one year each.
2. The prosecution case was that the appellants had, by committing dacoity, deprived Muhammad Nazir and Muhammad Sarwar P.Ws. Of some money in the evening of 6-11-1987. Later, Anwar Hussain and Masood Akhtar were arrested at 3-30 p.m. On 7-11-1987 from the house of Anwar Hussain and Khadim Hussain was arrested on 14-11-1987 and at the time of their arrest, a pistol was recovered from Anwar Hussain; a gun was recovered from Masood Akhtar and a .7 mm rifle was recovered from Khadim Hussain. They had no licences for these weapons.
3. The cases under the Arms Ordinance were sent to the learned Special Court for trial along with the case under sections 395, 397, 365 and 377 of the P.P.C. By the Provincial Government's order dated 10-1-1988.
4. Now the Special Court was constituted under the Special Courts for Speedy Trials Act, 1987. It is obvious that at the date of the Government's order dated 10-1-1988, the offence under the Arms Ordinance was not an offence for the purposes of the Special Courts for Speedy Trials Act, 1987, nor could that offence be said to have been committed in the course of the transaction in which the offences under sections 399, 395 etc. Of the P.P.C. Were committed. It, therefore, follows inevitably that the Government was not competent to order the trial of these cases by the Special Court and the Special Court had no jurisdiction to try them. Consequently we hold that the convictions and sentences of the appellants were without jurisdiction. We, therefore, accept the appeals, set aside the convictions and sentences and acquit the appellants. They shall be released forthwith unless required in any other case.