Law: Sindh Arms Act, 2013

Section: 23

Law: Criminal Laws Reform Ordinance, 2002

Section: 103

(a) Sindh Arms Act (V of 2013)--- ----S. 23---Criminal Procedure Code (V of 1898), S. 103---Unlicensed possession of arms---Search to be made in presence of witnesses---Acquittal in main case---Scope---Prosecution case was that the accused was arrested in crime under Ss. 324, 353, 147, 148 149, P.P.C.; that he was found in possession of 74 rods and 2 pieces of charas which on weighing were found to be of 1100 grams and that during his search an unlicensed .30 bore pistol along with empty magazine was also recovered from his possession---Accused had been acquitted in the main cases and the present case was offshoot of those cases, therefore, the accused deserved to be acquitted in the present case also---Alleged recovery was made from the accused in daylight hours from a busy area but no efforts were made to associate independent persons of the locality to witness the arrest and recovery proceedings---Recovery of alleged weapon from the accused had lost its evidentiary value, in circumstances--- Appeal against conviction was allowed. Yasir Chaudhry v. The State 2012 MLD 1315 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 103---Search to be made in presence of witnesses---Purpose---Scope---Purpose of associating independent mashirs of the locality is to ensure transparency of the recovery process---Officials making searches, recoveries and arrests are reasonably required to associate private persons more particularly in those cases in which presence of private persons is admitted, more particularly where there is prior information regarding effecting any recovery from a specific place, so as to lend credence to such actions and to restore public confidence. State v. Bashir and others PLD 1997 SC 408 and Yameen Kumhar v. The State PLD 1990 Kar. 275 rel. (c) Criminal trial--- ----Benefit of doubt---Scope---Conviction must be based and founded on unimpeachable evidence and certainty of guilt---Any doubt arising in the prosecution case must be resolved in favour of the accused. Wazir Mohammad v. The State 1992 SCMR 1134 and Shamoon alias Shamma v. The State 1995 SCMR 1377 rel. JUDGMENT MUHAMMAD SALEEM JESSAR, JUSTICE:---.--- Through this Criminal Appeal…

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