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Criminal Revision No. 245 of 1978, decided on 1st April, 1978.
S. 7 read with Criminal Procedure Code (V of 1898), S. 561-A-Quashrrtent of proceedings-Petitioner charged with various offences under Explosive Substances Act and P.P.C. aggrieved by dismissal of his bail application by Special Court, filing petition under S. 561-A for quashment of proceedings ---Petition, held, not competent in view of provisions contained in S. 7 of Act V of 1975-Quashment of proceedings declined, in circumstances.-[Jurisdiction].
Shahid Hussain Kadri for Petitioner.
A case under section 4/5 of Explosive Substances Act and section 379, P.P.C. was registered at Police Station, Wah Cantt , on the written complaint of Major S. Nasar Wali Khan, Security Officer, Wah Cantt., dated 12th January, 1978. Khadim Ali Tahir petitioner was arrested and 1/2 seer of Nitro-cellulose powder was recovered from his possession. The petitioner submitted an application for bail before the Special Court constituted under the Suppression of Terrorist Activities (Special Courts) Act of 1975, but the same was dismissed on 23rd February, 1978, on the ground that the case of the petitioner was hit by sections 5 and 6 of the said Act. Having felt aggrieved of the said order, the present petition has been filed under section 439, Cr. P. C. read with section 561-A, Cr. P. C. 1n view of the provisions of section 7 that no Court shall have any jurisdiction of any kind in respect of any proceedings of the Special Court", the present petition is incompetent and the same is disposed of as such.
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