MUHAMMAD MUNIR KHAN, J.--- This criminal appeal arises from the judgment of Presiding Officer, Special Court (Suppression of Terrorist Activities), Lahore, whereby he on 18-7-1990, convicted Zulfiqar 'Ali appellant under section 13 of the Arms Ordinance, 1965, and sentenced him to seven years' R.I. And a fine of Rs.20,000 or in default thereof one year's R.I.
2. The charge against the appellant was of keeping unlicensed Mauzer on 18-6-1990. He denied the charge and claimed to be tried.
3. To prove its case, the prosecution produced three witnesses. Muhammad Akhlaq H.C. (P.W.1) prepared formal F.I.R. Exh.PA./1. Zulfiqar Ali Constable (P.W.2) and Qalab Hussain P.W.3 are the recovery witnesses. They stated that on 18-6-199(), the appellant was seen coming from the main Bazar's side and on seeing them, he tried to slip away but was apprehended. On his personal search, mauser .30 bore P.1 and four live bullets P.2/1-4 were recovered. He was not having licence for keeping the mauser and bullets with him.
4. When examined under section 342, Cr.P.C., the appellant denied the recovery of mauser from him. No one has appeared for the appellant, so we have gone through the case with the assistance of the learned counsel for the State.
5. Since after hearing the learned counsel for, the State, we feel inclined to set aside the conviction and sentence of the appellant for the lack of the jurisdiction of the trial Court to try the case, so we need not set out-the facts in detail and discuss the evidence in detail. We find that the Division Bench-of this Court in Bakhtiar's case reported as 1991 PCr.LJ 2398 has held that the trial of an accused person on the charge of keeping unlicensed mauser by the Special Court (Suppression of Terrorist Activities) was coram non judice. We do not see any reason to disagree with the conclusion arrived at by the Division Bench, so this appeal is accepted and the conviction and sentence of the appellant is-set aside on the ground of lack of jurisdiction of the trial Court to try the appellant for keeping unlicensed mauser, which does not fall within the purview of the relevant schedule.
6. Pursuant to the above discussion, the appeal is accepted and the conviction and sentence of the appellant is set aside. He is on bail. Needless to add that the State would be well within its rights to submit challan in the Court of Illaqa Magistrate/Assistant Commissioner for his trial in accordance with law.