1. ' MUKHTAR AHMED JUNEJO, J.--- During trial of Shamman Jatoi in Special Case No,340 of 1991. In Court of the Judge, Special Court IIIrd Suppression of Terrorist Activities Karachi, the trial Judge while convicting Shamman Jatoi ordered that US-made gun, two magazines each containing 20 live rounds and one empty magazine were forfeited in favour of the Government and the same were ordered to be disposed of by the concerned authorities. Hence this appeal under section 520 of Cr.P.C.
2. ' Mr. M. Ilyas Khan, learned counsel for the appellant argued that the gun in question and the ammunition allegedly recovered from Shamman Jatoi were actually recovered from possession of Syed Akbar Adil Shah who had appeared as defence witness in Special Case No,340 of 1991 and that it was not recovered from Shamman Jatoi. It was further argued that Syed Akbar Adil Shah possessed licence for the gun and the ammunition secured from him.
3. ' Mr. Ashiq Raza, Advocate for A.-G., Sindh for State was of no assistance to us. He could not make out as to how the recovered gun can be disposed of.
4. While dealing with the appeal filed by Shamman Jatoi against his conviction by the same Court in the same case, we have taken the view that the prosecution has not been able to establish beyond doubt, the recovery of the rifle and the ammunition from Shamman Jatoi whose acquittal was ordered on that account. There is documentary evidence brought in the file of Special Case No,340 of 1991 to the effect that one Akbar Adil Shah was possessing licence No,GP-915/Hyd., dated 6-7- 1985, on the basis of which he was possessing on colt Rifle No,GS-001293 SHC of .223 bore made in U.SA. In view of this evidence, the said weapon and the bullets secured in the case, could not have been treated as unclaimed property. While ordering forfeiture of the said rifle/gun and ammunition, the trial. Court has not given reasons for its forfeiture in favour of the Government. In our view the said arm and ammunition could not be forfeited in favour of the Government when the same was licensed and belonged to Akbar Adil Shah.
5. ' Consequently we set aside order of the trial Court and direct that the arm and ammunition secured in this case be sent alongwith the licence etc. To the District Magistrate, Hyderabad for handing over the same to the person, after proper identification, who is licensee of the same.
6. Criminal Appeal No,220 of 1993 stands disposed of accordingly.