| Citation(s) |
|---|
| 1992 SLG 2235 1992 SLD 2235 1992 PLJ 500 |
Supreme Court of Pakistan
Criminal Appeal No. 207 of 1991, decjded on 18.3.1992 (approved for reporting onĀ 23.5.1992).Ā [On appeal from judgment and order of Lahore Hihg Court, Dated 9.6.1991, passed in Crl. Misc. No. 977/M of 1991.]Ā Date of hearing: 18.3.1992.
MUHAMMAD AFZAL ZULLAH, CJ, SALEEM AKHTAR AND WALI MUHAMMAD KHAN, JJ
Mr. Ā Ghiilam Ā Mahmood Ā Qitreslii, Ā Advocate, Ā Supreme Ā Court, Ā and Ā Mr. Mahmood A. Qitreslii, AOR for Appellant. Mr. M. Nawaz Abbasi, Asstt. A.G. Punjab for State.
Criminal Appeal No. 207 of 1991, decjded on 18.3.1992 (approved for reporting onĀ 23.5.1992).Ā [On appeal from judgment and order of Lahore Hihg Court, Dated 9.6.1991, passed in Crl. Misc. No. 977/M of 1991.]Ā Date of hearing: 18.3.1992.
MUHAMMAD AFZAL ZULLAH, CJ, SALEEM AKHTAR AND WALI MUHAMMAD KHAN, JJ
Mr. Ā Ghiilam Ā Mahmood Ā Qitreslii, Ā Advocate, Ā Supreme Ā Court, Ā and Ā Mr. Mahmood A. Qitreslii, AOR for Appellant. Mr. M. Nawaz Abbasi, Asstt. A.G. Punjab for State.
MUHAMMAD NAEEM alias NAEEMA- ---Appellant
VS
THE STATE--Respondent
Law:
Section:
Un-licensed Arms-- ā-Un-licensed Klashnikov-Recovery of-Conviction for-Challenge to- Contention that Ordinance amending Schedule to Suppression of Terrorist Activities (Special Courts) Act, 1975 had lapsed and was not in force on date of recovery of Klashnikov from appellant, therefore, Special Court had no jurisdiction to try caseāAmending Ordinance was promulgated on 7.11.1988 and same having not been placed before Assembly, stood repealed on 6.3.1989-However, vide Ordinance X of 1989, promulgated on 3.9.1989, lapsed Ordinance was re-promulgated but this Ordinance also lapsed on 2.1.1990 but was followed by Ordinance I of 1990 before expiry of which, Act V of 1990 was passed on 16.2;1990 whereby amendment to Schedule was made permanent part of Schedule retrospectively from 7.11.1988-Held: There cannot be slightest doubt that Special Court had now jurisdiction to try offence with which appellant was charged-Sentence reduced. [Pp.502503]A,B,CD JUDGMENT Wali Muhammad Khan, J.--The appellant, through leave of the Court, has called in question the order of the Lahore High Court dated 9.6.1991. whereby his appeal gainst his conviction and sentence by the Judge Special Court (Suppression of Terrorist Activities, Gujranwala Division, Gujranwala), was dismissed. Leave granting order is to the following effect:-- After hearing the learned counsel, we consider it fit and proper to examine the case of the petitioner on merits on re-appraisal of the evidence so as to see whether the conviction is justified on merits or not. The allegation against the accused/appellant is that he led the police to his residential house wherefrom Klashinkov Ex.P.l was recovered on 19.5.1989 at about 8.30 p.m. for which he could not produce any license. Challan against him was put in the Special Court which framed charge sheet against him to which he did not plead guilty and claimed trial. The appellant put in appearance before the learned trial Court on 13.5.1990 but thereafter absented himself and did not appear in spite of warrants of arrest issued against him and proclamation under Section 87 Cr.P.C. duly published in three daily newspapers. On his failure to attend the proceedingsā¦
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