' Mrs. Shiraz Iqbal states that Mr. Lqbal Chaudhry, Advocate is busy before another Bench. The appeal has been filed by Mrs. Shiraz Iqbal herself and she is present. Engagement of Mr. Iqbal Chaudhry elsewhere is,' therefore, immaterial in this case.
2. The respondent No,2, Mehdi Hassan fated a trial before the 1st Judicial Magistrate, Karachi East, on a charge for commission of offence under section 13(d), Arms Ordinance i,e, for going armed with unlicensed - weapons. The charge could not be proved by the prosecution and consequently, the learned Magistrate acquitted the accused/respondent No,2. This acquittal has been called in question by the appellant Haji Abdul Sattar in this appeal under section 417(2-A), Cr.P.C.
3. This provision of the law authorises an aggrieved person to file an appeal against the acquittal.
The most significant ingredient of an offence under section 13(d), Arms Ordinance is non- availability of licence of the weapon being carried. Carrying of weapon itself does not constitute this offence. It is only the non-existence of licence that makes the act an offence under this provision of law.
3-A. An individual cannot, therefore, claim himself to be an aggrieved person within the meaning of section 417(2-A), Cr.P.C. On the ground that the said weapon was used, or could have been used, against him, as this possibility would also exist, had there been a licensed weapon, but, in that case, there would be no offence under section 13(d), Arms Ordinance. In case of acquittal from a charge of an offence under section 13(d), Arms Ordinance, the State can only be the aggrieved party. No individual can be an aggrieved person in that case for the purpose of section 417(2-A), Criminal Procedure Code. The appeal, being filed by a person not authorised by law to do so, is not maintainable. It is dismissed accordingly.