1994 P Cr (PLP)
Sh. MUHAMMAD QAISER — Appellant Versus THE STATE — Respondent
| Citation | 1994 P Cr (PLP) |
| Forum / Court | Supreme Appellate Court |
| Bench Members | N/A |
| Parties | Sh. MUHAMMAD QAISER — Appellant Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 1994 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1994 P Cr (PLP)?
The case was heard and decided by the Supreme Appellate Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1994 P Cr (PLP) (Sh. MUHAMMAD QAISER — Appellant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Headnotes / Summary
Ss. 7 & 4
Record did not show that the illicit arm and ammunition recovered from the accused were the same which he had failed to surrender during the period notified by the Government under S.4 of the Act
Necessary ingredient of S.7, therefore, was not proved
Accused was acquitted in circumstances.
Judgment & Decree
JUSTICE ABDUL MAJID TIWANA (MEMBER).
The appellant, who is also an accused in a murder case, was tried by the learned Judge, Special Court for Speedy Trial No.II, Lahore, for having been found in possession of an illicit arm and some ammunition when on 6-5-1992 he was arrested at General Bus Stand, Okara during the investigation of the murder case. On the commencement of the trial, he was charged under section 7 of Surrender of Illicit Arms Act, 1991 and on its conclusion, vide judgment, dated 28-11-1992 he was convicted thereunder and sentenced to seven years' R.I.
2. There is nothing on the record to show that the illicit arm and ammunition recovered from the appellant were the same which he had failed to surrender during the period notified by the Government under section 4 of the said Act. It was the necessary ingredient of section 7 and since it was not proved, the conviction and sentence of the appellant are not sustainable. His appeal is, therefore, accepted, his conviction and sentence are set aside and he is acquitted. He should be set at liberty if not required in any other case. N.H.Q./106/SAC Appeal accepted.