Law:

Section:

(a) Pakistan Arms Ordinance (XX of 1965) --------- ----------S. 13 --------- Explosive Substances Act (VI of 1908), Ss. 4, 5 & 7 --------- Anti-Terrorism Act (XXVII of 1997), Ss.2(t), Third Schedule [as amended by Punjab Government Notification No. SO(Judl-1) 10 (1-36(1) 2010 dated 5-9-2012], 6, 7 & 12 --------- Recovery of unlicensed arms and explosive substances --------- Appreciation of evidence --------- Jurisdiction of Anti-Terrorism Court --------- Accused was apprehended by the Police, and on his search a loaded Kalashnikov, a Jacket with five loaded magazines, and two hand-grenades were recovered from his possession --------- Accused was charge-sheeted and convicted under S.13 of Pakistan Arms Ordinance, 1965 and S.4 of Explosive Substances Act, 1908 by Anti-Terrorism Court --------- Accused was neither charge-sheeted under any provision of Anti-Terrorism Act, 1997, nor he was punished under the said Act --------- Offence allegedly committed by accused, was made triable by Anti-Terrorism Court vide notification No. SO(Judl-1), 10(1-36(1)2010 dated 5-9-2012, which was issued by Government of Punjab after about 6 months of taking place of occurrence and about four months after framing of charge against accused --------- Offence, committed by accused did not fall within the jurisdiction of Anti-Terrorism Court on the day when the same was committed, and even when Trial Court framed the charge --------- Charge, in circumstances, was framed by the Trial Court on wrong premises and proceedings being coram non judice were liable to be vitiated --------- Accused was also charge-sheeted/convicted and sentenced under the Explosive Substances Act, 1908 --------- Section 7 of Explosive Substances Act, 1908 imposed restriction on trial of offences except with consent of the Provincial Government, but trial of accused commenced without prior consent of the Provincial Government; whereas, the consent was mandatory and a condition precedent for prosecution of accused under S.5 of Explosive Substances Act, 1908 --------- Case, in circumstances, was badly conducted in the eyes of law. (b) Pakistan Arms Ordinance (XX of 1965) --------- ----------S. 13 ---------…

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