' RASHID AZIZ KHAN, J.--- Muhammad Aslam alias Sooba was tried by the Court constituted under the Suppression of Terrorist Activities (Special Courts) Act, 1975, on having been found in possession of a stcn-gun without licence. The learned trial Court vide judgment dated 3-8-1989 found him guilty for that and convicted him accordingly, and sentenced him to undergo R.I. For two years. _ ' The judgment has been impugned by the convict through the instant appeal.
2. The contention raised by learned counsel for the appellant that the Ordinance No, XVI of 1988 vide which Pakistan Arms (Amendment) Ordinance, and Ordinance No, XVII of 1988 pertaining to the amendment of the Suppression of Terrorist Activities (Special Courts) (Amendment)
Ordinance, 1988 were not in field and had no force of law as the Ordinance stood expired on account of having not been approved by the National Assembly and the Senate. The position has not been controverted by the learned Additional Advocate-General, who appeared on the call. On having been confronted, learned Additional Advocate-General came to this conclusion after having gone through Muhammad Asif v. The State 1989 P. Cr. L J 1310, wherein such a view has been expressed. Learned Additional Advocate-General frankly conceded that he is not in a position to defend the judgment. In this view of the matter, judgment dated 3-8-1989 is set aside. The complete file of the case shall be sent to the District & Sessions Judge, Lahore, for entrustment for trial to the Court of competent jurisdiction.
' The appellant was on bail prior to his conviction vide judgment dated 3-8-1989. Since the said judgment has been set aside, we deem it proper to direct that he should be released from jail on his furnishing bail bonds in the sum of Rs, 25,000 with two sureties, each in the like amount, to the satisfaction of Assistant Commissioner, City, Lahore.