1987 PLP 3091 (MLD)

4. Proviso to sections 13 and 14-A of Arms Ordinance XX of 1965 are reproduced hereunder for convenience of reference:

13. Whoever commits any of the following offences namely:- (a) to (d) . (e) has in his possession or under his control any arms, ammunition or military stores in contravention of the provisions of section 9; (f) to (i) Provided that the punishment for an offence committed in respect of any- (a) cannon, grenade, bomb, rocket; or (b) light or heavy automatic weapon, rifle of 303 bore or over, musket, .410 bore or pistol or revolver of .441 bore or over, or ammunition which can be fired from such weapon rifle, musket, pistol or revolver. shall be imprisonment for a term which is not less than three years. 14-A. (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1898 (Act V of 1898), an offence, punishable under section 13 or section 14 shall, unless it has been committed in respect of any of the aims, ammunition or military stores referred to in the provision to the said section 13, be triable by a Magistrate of the First Class. (2) All cases relating to offences triable by a Magistrate of the First Class under subsection (1) and pending in a Court of Sessions immediately before the commencement of the Pakistan Arms (Amendment) Ordinance, 1976 (XXI of 1976) in which the charge had not been framed shall on such commencement, stand transferred to the Court of the Magistrate of the First Class having jurisdiction over such cases. A perusal of the above provisions of law would show that offence committed in respect of arms, ammunition and military stores other than those mentioned in proviso to section 13 is exclusively triable by a Magistrate of the First Class. In this case the unlicensed arm recovered from the appellant is pistol and live cartridges, which are not covered by proviso to section 13, therefore, the appellant could be tried by Magistrate of the 1st Class only, hence the trial of the appellant held by the learned Sessions Judge lacked jurisdiction. We are, therefore, left with no option but to hold and declare that the trial of the appellant under section 13 of the West Pakistan Arms Ordinance XX of 1965 by the learned Sessions Judge as coram non judice. Resultantly this appeal is allowed and the conviction and sentence of the appellant under section 13 of the West Pakistan Arms Ordinance XX of 1965 is hereby set aside and he is acquitted. The appellant is in jail since 23-3-1982, therefore, we do not feel disposed to order his retrial. He shall be released forthwith if not wanted in any other case. M.Y.H./G-81/L Appeal allowed.