Law: West Pakistan Arms Ordinance, (XX of 1965)

Section: 13-D

West Pakistan Arms Ordinance (XX of 1965)     S. 13 D Appreciation of evidence- Recovery of the .30 bore T.T. Pistol with its magazine containing four live bullets having been effected from personal search of accused while he was on his way in an abandoned place in odd hours of the night, presence of private Mashirs at the time of recovery was out of question Police had no enmity with the accused to involve him in the false case Sealing of the recovered pistol at the spot was not essential as the same was not required in any injury case Defence had not suggested to the prosecution witnesses that the pistol produced in the Court was not in working condition Recovery itself having been denied, argument was not tenable that the pistol was neither sealed at the spot nor it was not in working condition Weapon which required licence could not be kept in possession even if it was out of order Impugned having not suffered from any illegality or misreading of evidence did not call for any interference Conviction and sentence of accused were upheld in circumstances.   Sajjan v. The State 1998 PCr.LJ 1399; Qalandro alias Nazro v. State 1997 MLD 1632 and Loung through Superintendent, Central Prison, Hyderabad v. The State 1999 PCr.LJ 595 ref.   Abdul Karim Noorani for Applicant.   Sher Muhammad Shar, A.A. G. for the State.   hearing date: 22nd February, 2001. JUDGMENT This criminal revision is directed against the judgment, dated 26 10 1999 passed by learned Sessions Judge, Sukkur, in Criminal Appeal No.24 of 1999 whereby he maintained the judgment delivered by Judicial Magistrate, Sukkur in Case No.10 of 1999 awarding sentence to the applicant to suffer R.I. for one year and to pay fine of Rs.5,000, in case of default he has to undergo three months more. The facts briefly stated are that on 16 4 1999 S. H. O./Inspector Shamsuddin Bhayo of Site Area Police Sukkur ,apprehended the applicant from an abandoned brick kiln near Sabzi Mandi, Sukkur. From his personal search one T.T. Pistol of .30 bore with its magazine containing four live bullets were recovered. The Mashirnama of arrest and recovery was prepared on the spot. The accused and…

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