Law:

Section:

Criminal Procedure Code (V of 1898)- ---- S. 439 --- West Pakistan Arms Ordinance (XX of 1965), S.13 --- Revision against acquittal --- Revision petition was not accompanied by a certificate from the District Magistrate to the effect that the State had refused to file the appeal against the order of acquittal of accused under S.417, Cr.P.C. and the same merited dismissed of the said ground alone --- Even otherwise appeal filed by the State -against the acquittal of a co-accused in the case had already been dismissed on merits by the High Court --- Revision petition was, thus, not competent and was dismissed in limine accordingly. JUDGMENT Date of hearing: 9th December, 1991. . SAJJAD AHMED SIPRA, J.--The present Criminal Revision Petition impugns the judgment dated 8-8-1990, whereby the Presiding Officer, Special Court No. 11, Suppression of Terrorist Activities, Sargodha Division, Sargodha, had acquitted respondent No. 1 in a case registered under section 13 of the West Pakistan Arms Ordinance, 1965, vide F. I. R. No.23 dated 6-2-1990 at Police Station Daud Khel, District Mianwali. 2. The brief facts of the case are that pursuant to the registration of case vide F.I.R. No. 23, as stated above, the Officers and the Jawans of the Frontier Corps of Pakistan Army had launched a raid on Bani Aighanan for the recovery of illicit arms and as a result thereof, 66 persons, had been hauled up and produced before the police by the said Unit of the Pakistan Army. According to the recovery memo. the illicit arms were recovered in bulk from a ditch in the area of Bani Afghanan and it is nowhere stated therein that any specific fire-arm had been recovered from any particular accused. Therefore, the learned trial Court, vide its impugned judgment dated 8-8-1990 had acquitted respondent No. I named 'as one of the accused in the case in question. It shall be convenient to reproduce the relevant paragraphs of the impugned judgment hereunder:-- "In the report under section 173, Cr.P.C. the Investigating Officer had nowhere specifically mentioned that Klashnikov was in fact recovered from the accused. The plain reading of the complaint and formal F.I.R. reveals that Army Officers…

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