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Criminal Miscellaneous No. 863/M of 1982, decided on 31st October, 1982.

-- S. 520-Penal Code (XLV of 1860), Ss. 302/34/201-Weapon of offence and licence thereof confiscated by Additional Sessions Judge-Counsel for State raising no objection to its restoration Part of order of Additional Sessions Judge directing confiscation, set aide.

Muhammad Iqbal Sargana for Petitioner.

Sh. Muhammad Islam for the State.

This is a petition under section 520, Cr. P. C. by Ahmad, petitioner, for the partial setting aside of the order of Ch. Abdul Hamid, Additional Sessions Judge, Jhang, dated 16th August, 1982, to the extent to which he refused to restore the licensed gun of the petitioner together with its licence to the petitioner.

2. A case under section 302/34/201, P. P. C. was registered vide F. I. R. No. 51 on 30th May, 1981 against Ahmad, petitioner, and Muhammad, co-accused at Police Station, Garb Maharaja in respect of murder of two women, namely, Mst. Bakhtan and Mst. Ghulam Fatima. During investigation, Ahmed, petitioner, led to the recovery of his licence, single-barrel gun alongwith its licence, which were taken into custody by the police vide memo. dated 4th June, 1981. After the trial, Ahmad petitioner and Muhammad, co-accused, were acquitted by Ch. Abdul Hamid, Additional Sessions Judge, Jhang, vide his judgment dated 16th August, 1982. In the concluding para. of the said judgment, the learned trial Judge directed that the weapon of offence which was recovered from the possession of Ahmad, petitioner, would be confiscated in favour of the State after the period of appeal or revision, if any.

3. Being aggrieved by the said portion of the order by which the trial Judge refused to restore the licensed gun and the licence to the petitioner, the petitioner has filed the present miscellaneous petition for their restoration, which is now before me for disposal. I have heard the arguments of the learned counsel for the petitioner and the State. The learned counsel for the petitioner has cited Ahmad Bakhsh v. State (P L D 1966 Lah. 918). The Learned counsel for the State concedes the position and has no objection to the petition being accepted.

4. For the foregoing reasons, this petition is accepted and that part of the judgment of the learned Additional Sessions Judge, Sheikhupura, dated 16th August, 1982, to the extent to which it directs the confiscation of the licensed gun of the petitioner together with its licence, is set. aside and the same shall be returned to the petitioner, subject to proper veri fication.

Petition accepted.

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