RASHID AZIZ KHAN, J.--Hassan Muhammad Khan petitioner has filed the present writ petition seeking the quashment of a case pending trial before the Special Court (Suppression of Terrorist Activities),Punjab for an offence under section 353 PPC read with section 13/20/65 of Arms Ordinance. The allegation against the petitioner was that he was found in possession of fire-arm without any licence.
2. It was contended by learned counsel for the petitioner that section 13/20/65 of the Arms Ordinance was triable by the Special Court by virtue of an amending Ordinance which was neither put before the Assembly nor its period was extended thereby it died natural death and thereafter the trial Court ceased to have jurisdiction to take cognizance of petitioner's case. Learned Assistant Advocate General on the contrary submitted that the trial Court still have the jurisdiction if section 13 of the Ordinance was repealed yet the case of the petitioner fell under section 9 of the same ordinance according to which a person found in possession of any arms or munition could be punished under section 13 of the same Ordinance.
3. I have heard the learned counsel and gone through the relevant law According to the Schedule of Suppression of Terrorist Activities (Special Courts) Act a person could be tried by the said Court if his case fell under sections 8,9 and 10 of the Ordinance and he had committed the offence in respect of a cannon grenade bumb .I have noticed that according to section 3 of the Pakistan Arms Ordinance, 1965 wherein clause (c) sub-clause (l),word 'cannon' includes all types of artillery,morters machines and sub-machine guns. In theses circumstances if the petitioner was found in possession of an automatic or smi- automatic gun it would fall within the definition of sub-machine guns. In any case the contentions raised by learned counsel for the petitioner require an inquiry into the factual aspects of the case which would not be possible at this stage-The petitioner may move an application before the trial Court agitating the same points.
In these circumstances I find no force in the petition which is accordingly dismissed.