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Pakistan Arms Ordinance (XX of 1965)--- ----Ss. 13(e) & 14-A---Criminal Procedure Code (V of 1898), Ss.417, 190 & 249-A---Possessing unlicensed arms---Appeal against acquittal---Jurisdiction of Magistrate to try offence---Kalashnikov along with three magazines containing 176 live cartridges were recovered from accused---Challan of the case was submitted but Judicial Magistrate, instead of transmitting the challan of the case to the Sessions Judge/Trial Court, retained the same, and on receiving application under S.249-A, Cr.P.C., acquitted accused through impugned order---Validity---Magistrate under S.14-A of Pakistan Arms Ordinance, 1965, had jurisdiction to try the offences punishable under Ss.13 & 14 of Pakistan Arms Ordinance, 1965, except the offences referred in the Proviso to S.13 of the Ordinance---Kalashnikov, which was an automatic weapon, fell within the proviso to S. 13 of Pakistan Arms Ordinance, 1965---Magistrate, in circumstances, had no jurisdiction to try the same---Trial and proceedings conducted by the Magistrate, were 'coram non judice'---Subject to subsection (2) of S. 190, Cr.P.C., Judicial Magistrate was bound to send the case to the Court of Session for trial without any evidence---Impugned order of acquittal of accused, did not contain any reason or ground for the same---Magistrate, did not even mention the detailed facts of the case for forming an opinion---Order of the Magistrate was not at all a speaking order which in no manner could be called 'judicial order within the parameters of law'---Order in question was passed in hasty manner, without adhering to the relevant provisions of law---Impugned order being sketchy, non-speaking and devoid of reason assessed without jurisdiction, was set aside and case was remanded to Judicial Magistrate of its onward transmission to the concerned Sessions Judge for de novo trial. Mehar Khan v. Yaqoob Khan 1981 SCMR 267 rel. Muhammad Iqbal v. Secretary Ministry of Industries of Pakistan PLD 2004 SC 413 ref. THIS JUDGMENT DELIVERED BY: MUHAMMAD KAMRAN KHAN MULAKHAIL, JUSTICE:----------- Through this Criminal Acquittal Appeal under section 417 of the Criminal Procedure Code, 1898 ("the…

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