Law: Criminal Procedure Code (V of 1898)

Section: 382B

Law: West Pakistan Arms Ordinance (XX of 1965)

Section: 13E

Law: Explosive Substances Act, 1908

Section: 5,7

Explosive Substances Act (XI of 1908)--- ----Ss. 5 & 7---West Pakistan Arms Ordinance (XX of 1965), S.13-E--­Appreciation of evidence---Accused was not charged with an offence falling within the purview of the Explosive Substances Act, 1908, nor the consent of the Provincial Government or an officer authorised in such behalf by the Provincial Government had been obtained for the trial of accused as required by S.7 of the said Act---Conviction and sentence of accused under S.5 of the Explosive Substances Act, 1968 by the Trial Court ' were consequently set aside---Accused, however, was liable to be convicted under S. 13-E of the West Pakistan Arms Ordinance, 1965 on the basis of evidence available on the record and he was convicted thereunder accordingly and sentenced to imprisonment already undergone by him. JUDGMENT GHULAM NABI SOOMRO, J.--The appellant through this appeal has assailed his conviction and sentence of 7 years' R.I. for an offence under section 5 of the Explosive Substances Act, 1908 awarded by the learned Court of Special Judge (STA), Malir vide its judgment dated 18-10-1999. The appellant has been given benefit of section 382-B, Cr.P.C. 2. The appellant was charged with offence under section 13-E of the Arms Ordinance and section 4%5 of the Explosives Act, 1884 for possessing 5.Rockets (Golas) and 4 Fuses on 14-9-1995 at Qayyumabad Graveyard within the jurisdiction of Police Station Gulzar-e-Hijri, Karachi. 3. The appellant as stated above has not been convicted for any of the offences under the aforesaid enactments but has been convicted and sentenced for an offence under the Explosive Substances Act, 1908. The two Acts are separate enactments and in force till date. The appellant admittedly was not charged with an offence falling within the purview of the Act of 1908. His conviction and sentence cannot, therefore, be allowed to sustain for more than one reason. Important of them being section 7 which is reproduced hereunder:--…

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