Law: Sindh Arms Act, 2013

Section: 23(1)(a)

Law: Criminal Procedure Code (V of 1898)

Section: 103

(a) Sindh Arms Act (V of 2013) S.23(1)(a)Criminal Procedure Code (V of 1898), S.103Recovery of unlicensed firearmsAppreciation of evidenceRecoveryNonassociation of private witnessesScopeProsecution case was that .7mm pistol along with magazine and five cartridges were recovered from the personal search of accusedComplainant stated that the alleged recovery of .9mm pistol with magazine from possession of accused was made from a roadComplainant in his crossexamination admitted that said road remained busy and from place of information to the place of arrest of accused, there was huge populationAdmittedly, complainant had received prior spy information about presence of accused who was required in various casesWhen spy information was conveyed to the complainant and place of arrest of the accused and recovery of firearm weapon from his possession was a busy and populated area then why complainant did not arrange any private witness from the locality to act as mashirComplainant had also not deposed that at least he made any efforts to procure private/independent persons for acting as witnesses / mashirs in the caseCircumstances established that the prosecution had failed to prove its case against the accused beyond any shadow of doubtAppeal against conviction was allowed, in circumstances. (b) Criminal Procedure Code (V of 1898) S.103Mode of making searches and arrestAppreciation of evidenceSearch to be made in presence of witnessesPurpose and ScopePurpose of associating independent mashirs of the locality is to ensure transparency of the recovery processNeedless to emphasize that in view of the provisions of S.103, Cr.P.C., the 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, so as to lend credence to such actions and to restore public confidenceOnly cursory efforts are not enough in order to fulfil casual formality, rather serious and genuine attempts should be made to associate private persons of the locality in the recovery process. State v. Bashir and others PLD 1997 SC 408 and Yameen Kumhar v. The State PLD 1990 Kar. 275…

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