Law: Criminal Procedure Code (V of 1898)

Section: 225, 537(b)

  Criminal Procedure Code (V of 1898) S. 225-Joint trial--Recoveries of crime articles effected from accused at same time. from same bag, and in presence of same set of witnesses - All offences in respect of such recoveries, held, committed in course of same transaction and could be charged with and tried at one trial-Separate challan for each offence drawn out by police, separate charge-sheets drawn out for each offence by trial Court, and accused's plea separately recorded under each charge-No evidence led by accused to refute recoveries Accused, held, neither misled in defence nor prejudiced in any manner-Finding, held, could not be altered or reversed on such account-Criminal Procedure Code (V of 1898), S. 537(b). Date of hearing : 23rd December 1970.                                                                                                                              JUDGMENT The appellant, an Indian national, was intercepted by Ch. Muhammad Nawaz, Station House Officer of Police Station, Narang on the night between 17th and 18th May 1967, in the presence of Muhammad Ishaq, A. S. I. And Inayat Ullah Lambardar. He was found carrying a bag containing an unlicensed loaded pistol with five cartridges including one in its barrel as also It seers of opium, which were taken into possession vide memo. Exh. P. A. A sample of this opium was sent to the Chemical Examiner, who found ft to be non-excise opium vide his report Exh. P. B. Since the appellant bad no permit for entry into Pakistan nor had any licence for the possession of pistol the Sub-Inspector drew out complaint Exh. P. C. about it and sent it to the police station for registration of the case, Exh. P. D. being site plan of the place of this recovery. 2. On the completion of the investigation that followed four separate challans, one under section 4 of the Pakistan Entry Act,…