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1989 MLD 3966

SYED HUSSAIN SHAH vs THE STATE

Citation1989 MLD 3966
CourtLahore High Court
Case No.Criminal Appeal No. 8 of 1986
Date1989-06-06
Judge(s)Abdul Majeed Tiwana
ResultAppeal allowed

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 revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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