Law:

Section:

Pakistan Arms Ordinance (XX of 1965)-------S. 13(d)---Possession of illegal weapons--- Appreciation of evidence---Non-association of private witnesses---Failure to obtain Ballistic report---Accused was allegedly found in possession of a firearm for which he had no permit/license---Trial Court convicted and sentenced the accused under S.13(d) of West Pakistan Arms Ordinance, 1965---Contentions of accused were that he along with his father and brother were taken into custody by the Station House Officer (SHO) police, who demanded bribe, and on refusal of such demand, firearm was foisted upon the accused; that an application filed under S.491, Cr.P.C., showed that a raid was conducted during which father and brother of the accused were recovered from the custody of the police; that arrival and departure entries had not been produced in the Trial Court; that there were shops and hotels near the place of incident but no private person was called upon to act as mashir, and that firearm allegedly recovered was not sent to Ballistic Expert for report---Validity---Application filed under S.491, Cr.P.C., for recovery of accused, and his father and brother, was available on record but this aspect of the case had not been discussed by the Trial Court---Arrival and departure entries were not produced before the Trial Court---Investigation Officer failed to examine any person from the shops and hotels near the place of incident---Firearm and bullets were not sent to Ballistic Expert for report--- Prosecution had failed to prove its case beyond any shadow of doubt---Appeal was allowed, conviction and sentence recorded by Trial Court was set aside and accused was acquitted of the charge. Riaz Hussain Kalhoro v. State 2004 PCr.LJ 290 rel. JUDGMENT NAIMATULLAH PHULPOTO, J.---Through this appeal, appellant has called in question the judgment dated 26-11-2010 passed by learned 2nd Assistant Sessions Judge, Jacobabad in Sessions Case No.143 of 2010 State v. Ghulam Mustafa, Crime No.58 of 2010 of Police Station Thul, registered under section 13(d) Arms Ordinance, 1965 whereby appellant was convicted and sentenced for five years' R.I. and to pay fine of Rs.5,000. In case of default…

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