Law: Sindh Arms Act, 2013

Section: 23

Law: Criminal Procedure Code (V of 1898)

Section: 103,160

Law: Penal Code (XLV of 1860)

Section: 187

(a) Sindh Arms Act (V of 2013)--- ----S. 23---Criminal Procedure Code (V of 1898), Ss. 103 160---Penal Code (XLV of 1860), S. 187---Possession of unlicensed arms---Appreciation of evidence---Benefit of doubt---Search to be made in presence of witnesses---Delay in sending recovered weapon to Forensic Laboratory---Complainant acting as Investigating Officer---Scope---Accused was convicted for having been found in possession of an unlicensed pistol along with 5 live bullets lying in its magazine---Complainant did not associate any private person of the locality to act as mashir of arrest and recovery---Complainant was not supposed to fulfil a formality by merely asking private persons present at the spot to act as mashir but he should have utilized his powers by issuing notice under S. 160, Cr.P.C. to such person, which was not done---Complainant did not take any action under S. 187, P.P.C. against such person for not providing him assistance---Weapon was sent to the Forensic Laboratory after a delay of 10 days for which no explanation was given---Complainant had not even claimed that he had deposited the weapon in the malkhana during the intervening period---Complainant himself had acted as investigating officer, which conduct was depreciated by the High Court---Prosecution had not succeeded in discharging its obligation to prove the case beyond a shadow of reasonable doubt---Appeal against conviction was allowed, in circumstances. Ghulam Hussain and 2 others v. State 1998 PCr.LJ.779 ref. Samandar alias Qurban and others v. The State 2017 MLD 539 and Yaqoob Shah v. The State 1995 SCMR 1293 rel. (b) Sindh Arms Act (V of 2013)--- ----S. 34---Criminal Procedure Code (V of 1898), S. 103---Arrest and searches---Search to be made in presence of witnesses---Scope---Section 34 of Sindh Arms Act, 2013 does not expressly exclude the provisions of S. 103, Cr.P.C., to be applied in the cases under the Act but it simply provides that besides private persons, police officials can also be associated as mashirs of recovery. (c) Criminal Procedure Code (V of 1898)--- ----S. 103---Search to made in presence of witnesses---Scope---Officials making searches, recoveries and arrests…

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