' JUSTICE ABDUL MAJID TIWANA (MEMBER-II)--- Hakim Inayat Ullah appellant was tried by the learned Judge of Special Court for Speedy Trial No,II, Lahore, for having been found in possession of an unlicensed .12 bore gun alongwith 4 live cartridges when on 14-1-1992 he was apprehended by a police party headed by Mehrban Hussain Inspector/S.H.O., Police Station Kundian at Paki Pull Canal as an accused wanted by the police in a murder case. On the conclusion of trial, he, vide judgment, dated 21-2-1992, was convicted under section 7(c) of the Surrender of Illicit Arms Act, 1991, and sentenced to seven years' R.I. For his failure to surrender it under section 4 of the said Act.
2. The appeal can be accepted on the short ground that no evidence was led by the prosecution to prove that the gun recovered from the possession of the appellant was the same which be had in possession and had failed to surrender on or before 31-7-1991, the date specified by the Government for the surrender of illicit arms. This was a condition precedent for his conviction and it was not satisfied.
3. This being so, the appeal is accepted, the conviction and sentence of the appellant are set aside and he is acquitted. He should be released if not required in any other case.