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Criminal Appeal No. 146 of 1979, heard on 4th March, 1979.

-----S. 13 read with S. 14-A-Conviction under S. 13 challenged on ground that in view of S. 14-A, Sessions Judge had no jurisdiction to try accused- Section 14-A provides that notwithstanding anything contained in Criminal Procedure Code, an offence punishable under Ss. 13 & 14, unless such offence committed in respect of any arms, ammunition or military stores, referred to in proviso to S. 13, shall be triable by Magistrate 1st Class-Since West Pakistan Arms Ordinance is a special law and by virtue of S. 29, Cr. P. C. offences under other law can only be tried by Court mentioned therein, trial of accused by Sessions Judge, held, without jurisdiction-Conviction set aside, in circumstances.

R. A. Awan for Appellant.

Khalilur Rehman Ramdey, Asstt. A.-G. for the State.

Date of hearing : 4th March 1979.

This is an appeal under section 410, Cr. P. C. by Ahmad Raza appellant against the order of Malik Muhammad Afzal, Additional Sessions Judge, Sheikhupura, dated 9-1-1979 convicting him under section 13 of the Pakistan Arms Ordinance, 1965 and sentencing him to one year's rigorous imprison ment.

2. The only legal point raised in this appeal is that in view of sec tion 14-A of the Pakistan Arms Ordinance XX of 1965, the trial of the appellant by the learned Additional Sessions Judge was without jurisdic tion.

3. It appears that during the investigation of the murder case instituted at Police Station, Manawala, District Sheikhupura, on 28-4-1976, the appellant on 5-5-1576 led to the recovery of a dagger Exh. P. I. having a blade 8 in length from his residential house situate in Ward No. 4, Shahkot. The recovery was made in the presence of Waryam P. W. 1, Ramzan (given up P. W.) and Muhammad Nazir Ahmad S. 1. P. W. 2. With the murder case, the case under the Arms Ordinance was also sent rap to the Sessions Court for trial. The learned Additional Sessions Judge framed a charge under section 13 of the Pakistan Arms Ordinance, 1965, against the appellant on 29-11-1976 and, after holding the trial, convicted and sentenced the appellant on 9-1-1979, as stated in para. 1 above. Being aggrieved by the conviction and sentence awarded by the learned Additional Sessions Judge, the appellant preferred an appeal, which is now before me for disposal.

4. A new section 14-A was added to the Pakistan Arms Ordinance, XX of 1965, by the Pakistan Arms (Amendment) Ordinance, XXI of 1976. This amending Ordinance appeared in the Gazette of Pakistan, Extraordinary on 25-5-1975. Later the said amending Ordinance was replaced by the Pakistan Arms (Amendment) Act, L of 1976, which continued the life of the newly added section. Under the said newly added section 14-A of the Pakistan Arms Ordinance, 1965, notwithstanding anything contained in the Criminal Procedure Code of 1898, an offence punishable under section 13 or 14, unless such offence was committed in respect of any of the arms, ammunition or military stores referred to in the proviso to the said section 13, was triable by a Magistrate 1st Class. All cases relating to offences triable by a Magistrate of the 1st Class under subsection (1) of the said new section, which were pending in the Court immediately before the commencement of the Pakistan Arms (Amendment) Ordinance, 1976, were transferred on such commencement to the Courts of the Magistrate of the 1st Class having jurisdiction over such cases. In view of section 14-A of the Pakistan Arms Ordinance, 1965 the case in instance was triable by a Magistrate of the 1st Class and not by a Court of Session. Since the Pakistan Arms Ordinance is a special Act which provides the particular Court in which offence under that Act are triable by virtue of section 29 of the Criminal Procedure Code, offences under the Arms Ordinance can only be tried by such Court mentioned in the said Act. Even otherwise, under the Second Schedule to the Criminal Procedure Code, offences against "other laws" which are punishable with imprisonment for three years, the Court by which such offences are triable is a Magistrate of the 1st Class. In these circumstances the case in instance was not triable by a Court of Session at all. The objection of the appellant is well founded and the trial of the appellant by the Court of Session is without jurisdiction.

5. For the foregoing reasons, this appeal is accepted and the conviction and sentence of the appellant recorded by the learned Additional Session Judge is set aside. The appellant shall be set at liberty, if not required in any other case. However, nothing herein contained shall debar the State from trying the appellant again in a Court of competent jurisdiction, so advised.

Appeal accepted.

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