Law: Pakistan Arms Ordinance (XX of 1965)

Section: 13(e)

Law: Qanun-e-Shahadat (10 of 1984)

Section: 129,129(g)

Law: Criminal Procedure Code (V of 1898)

Section: 103,161,340(2),342,382B

Pakistan Arms Ordinance (XX of 1965)--- ----S. 13(e)---Criminal Procedure Code (V of 1898), S. 103---Qanun-e-Shahadat (10 of 1984), Art. 129, Illus. (g)---Possession of unlicensed firearm---Appreciation of evidence---Recovery---Proof---Presumption by court---Delay on forensic analysis---Effect---Authorities arrested accused on prior information of possession of unlicensed firearm---Investigating Officer recorded statement of private witness but prosecution did not produce such witness during trial without any justification---Non-production of private witness left a big dent in veracity of story of prosecution---Prosecution was required to comply with S. 103, Cr.P.C. to associate two respectable persons from locality---In absence of any independent witness, it was mandatory upon prosecution to show that in circumstances it was not possible to have a mashir from public---Statements of police officials indicated that no steps were taken to secure two mashirs from public and as such, recovery became doubtful---Accused was arrested on 16.07.2018 but suspected weapon was received by Forensic Science Laboratory on 13.08.2018---Investigating officer failed to explain as to why weapon was kept for 27 days which created serious doubt in case of prosecution---Prosecution failed to establish guilt of accused and commission of offence---High Court set aside conviction and sentence awarded to accused by Trial Court and acquitted him of charge---Appeal was allowed in circumstances. 2018 MLD 1608; 2019 MLD 670; Muhammad Rafique and others v. State and others 2010 SCMR 385; Mushtaq Ahmed v. State PLD 1996 SC 574 and Tariq Pervaiz v. State 1995 SCMR 1345 rel. THIS JUDGMENT DELIVERED BY: ABDUL HAMEED BALOCH, J.--- This appeal is directed against the judgment dated 29.10.2018 ("impugned judgment") passed by the learned Additional Sessions Judge, Pishin ("trial court") whereby the appellant was convicted under Section 13-e of the Arms Ordinance, 1965 and sentenced to suffer Rigorous Imprisonment for three years with fine of Rs.5,000/- in default whereof to further suffer one month Simple Imprisonment. Benefit of Section 382-B, Cr.P.C. was extended to him. 2. Brief facts of the case…

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