Law:

Section:

West Pakistan Arms Ordinance (XX of 1965)--- ---Ss. 8, 9 & 13(e)---Explosive Substances Act (VI of 1908), Ss.3/4---Anti-Terrorism Act (XXVII of 1997), S.7(a)---Possessing arms and explosive substances and terrorism---Appreciation of evidence---Counsel for accused had mainly contended that neither the recovered weapon was sealed at the spot; nor the same was sent to the Ballistic Expert for his opinion, as to whether same-was in working condition or not---Validity---Recovered weapon was not required in any other case, so that it could have been sealed at the spot---No question had been suggested to the witnesses by the defence Counsel that the weapon produced in court was not in working condition---In the present case recovery of weapon (pistol) having been denied, contention raised by counsel for accused that pistol was neither sealed at the spot nor it was in working condition had no force---Weapon which required licence could not be kept in possession, even if it was not in working condition---Non-sending of pistol to expert for opinion, was an omission on the part of Investigating Officer; and was not fatal to the prosecution case---In absence of any illegality or infirmity in the impugned warranting interference by High Court, appeal filed by accused was dismissed and impugned was maintained. JUDGMENT GHULAM MUSTAFA MENGAL, J.---This Criminal appeal under section 410, Cr.P.C. has been directed against the judgment dated 26-5-2010 passed by Special Judge, Anti Terrorism Court-II, Quetta, whereby appellant has been found guilty under section 9 and section 13-E of Pakistan Arms Ordinance and sentenced to three years R.I. with fine of Rs.10,000 and in default to further suffer 20 day's S.I. with benefit of section 382-B, Cr.P.C. Briefly stated, the facts of the prosecution case are that on 1842-2009 at about 6-30 p.m. in between Kamal-II and Salahuddin pickets accused was apprehended by F.C. personals and from possession of accused/appellant one T.T. Pistol of .30 bore, 3 Hand-grenades with one device, one detonator along with remote wire, two packet explosive material (8/1/2 k.g.) a Nokia Mobile along with Afghani Sim No.1100, one purse containing Rs.518…

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