Law: Explosive Substances Act, 1908

Section: 3,4

Law: Criminal Procedure Code (V of 1898)

Section: 103

Law: Pakistan Arms Ordinance (XX of 1965)

Section: 13(e)

Explosive Substances Act (VI of 1908)--- ----Ss. 3 & 4---Pakistan Arms Ordinance (XX of 1965), S.13 (e)---Criminal Procedure Code (V of 1898), S.103---Possessing handgrenade and unlicensed firearms---Appreciation of evidence---Recovery proceedings---Statements of recovery witnesses---Procedure---Accused was convicted and sentenced for imprisonment for keeping in his possession one unlicensed rifle .303 bore, one TT pistol .22 bore, a bandoleer containing 15 live cartridges and one handgrenade---Validity---Serious doubts existed regarding preparation of recovery itself---In case of on-spot recovery, statements of recovery witnesses had to be recorded soon thereafter at the spot but witness of recovery admitted that his statement was recorded in police station and he was not present at the time of recovery---Entire proceedings were doubtful as raid was conducted on the basis of secret information and no independent respectable person of that locality was joined in recovery proceedings---Prosecution not only failed to prove alleged recovery of explosive material and arms and ammunitions from the possession of accused but also failed to prove the case without any shadow of doubt---High Court set aside conviction and sentence passed by Trial Court and acquitted accused of the charge---Appeal was allowed in circumstances. THIS JUDGMENT PASSED BY: MUHAMMAD HASHIM KHAN KAKAR, JUSTICE:-- .--- Payo Khan alias Kakay, accused/appellant, was tried by the learned Additional Sessions Judge-I, Quetta (the "trial Court") for keeping in his possession one unlicenced rifle .303 bore, one TT pistol .22 bore, a bandoleer, containing 15 live cartridges, and one handgrenade with a detonator and, after having been found guilty of the offence, he was convicted and sentenced under sections 4 and 5 of the Explosive Substances Act, 1908 vide judgment dated 28 April, 2014 (the "impugned judgment") to suffer seven (07) years' rigorous imprisonment (R.I.) and under section 13(e) of the Pakistan Arms Ordinance, 1965 to suffer three (03) years' R.I. and to pay fine of Rs.2000 (Rupees two thousand only), or in default whereof, to further undergo one (01) month's simple imprisonment (S.I.).…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492