Law: Pakistan Arms Ordinance, 1965

Section: XX,13(e)

Pakistan Arms Ordinance (XX of 1965)-------S. 13(e)---Possession of illicit weapon---Appreciation of evidence---Nature and purpose of recovered knife not established---Prosecution case was that during interrogation of a murder case, the appellant made disclosure and got recovered the crime weapon i.e. knife from a room of his house---Record showed that on the pointation of appellant, a knife was recovered from a room of his house hidden beneath a blanket---Record showed that the prosecution had failed to establish that the knife recovered from the appellant was not a kitchen knife or that it was not used in good faih for carrying on a profession, which was a pre-requisite of the indictment---Moreso, on closure of the prosecution evidence, the trial Court also failed to put question to the appellant in respect of use of the recovered knife not being a kitchen knife---Thus in absence of such question in order to seek explanation, such evidence could not be used against the appellant---Appeal against conviction was allowed, in circumstances.Date of hearing: 14th November, 2024.JUDGMENTSHAUKAT ALI RAKHSHANI, J.--- Appellant has put in the captioned appeal to set at naught the judgment dated 22.06.2023 ("impugned judgment") rendered by learned Additional Sessions Judge-II Lasbella at Hub ("Trial Court") arising out of FIR No.261 of 2020 (Ex.P/3-A) registered with Police Station City, Hub, whereby he was convicted and sentenced under section 13 (e) of the Arms Ordinance of 1965 ("Ordinance of 1965") to suffer R.I for three (3) years with the premium of section 382-B of Criminal Procedure Code, 1898 ("Cr.P.C.").2.    Facts germane for disposal of the case in hand are that complainant Sikandar Shair S.I.P (PW-1) got lodged crime report ibid on the basis of murasila (Ex.P/1-A) with the averments that on 15.08.2022, the appellant during interrogation in a murder case vide FIR bearing No.266 of 2020 for the offences punishable under sections 302 and 34 P.P.C. made disclosure and got recovered the crime weapon i.e., knife, having 6 inches length, width 1 inches and handle having 4 inches length and one broken Oppo mobile phone hid inside the blankets…