1. The petitioner was arrested by a police party of Seri Pir Police Station on 29-3-1995 for being found to be in possession of a stengun. He was prosecuted before the Court of learned IVth Extra-Joint Civil Judge and First Class Magistrate, Hyderabad who was pleased to release him on bail in the sum of Rs.50,000 vide order, dated 11-4-1995. The case seems to have been returned to local police for submission of challan before Special Court. Consequently presiding officer of the S.T.A. Court remanded the petitioner to custody.
2. The petitioner moved an application for release on bail which was turned down by the S.T.A. Court vide order, dated 22-5-1996. He then approached the same Court for his acquittal under section 249-A, Cr.P.C. For want of jurisdiction but his prayer did not find favour with the S.T.A. Court hence the present application.
3. At the Bar learned State Counsel candidly and rightly so conceded that for the weapon allegedly recovered from the possession of the applicant he could not be lawfully tried by the Special Court under the provisions of S.T.A. Act. According to learned State Counsel a stengun does not fall within the ambit of weapons of prohibitory bore described in the Schedule attached to the S.T.A. Act. Even learned counsel for the applicant has produced a copy of the order passed by the predecessor of the present incumbent in S.T.A. Court in Special Case No.24 of 1995 taking this view and directing the return of the challan for submission before the ordinary Court of law.