Law: Criminal Procedure Code (V of 1898)

Section: 103

Law: West Pakistan Press and Publications Ordinance (XXX of 1963)

Section: 39,53,54

(a) West Pakistan Press and Publications Ordinance (XXX of 1963) --- Ss. 39, 53 & 54 read with Criminal Procedure Code (V of 1898), Ss. 103 & 165 Search Provisions of Ss. 39 & 165 not com plied with Search, held, without jurisdiction and bad in law. Emperor v. Muhammad Shah 48 Cr. L J 161 rel. (b) Criminal Procedure Code (V of 1898) --- S. 103 Recovery Incriminating article found in place in possession of more than one person Not possible to fix liability on any particular individual Mere fact that person points out place where property concealed (if that place is not his own), held, would not justify Court in drawing conclusion that person who pointed out had retained same Nor mere knowledge of place of concealment would necessarily lead to conclusion that person having such knowledge participated in act of concealment. Das Ram Gehla Ram v. Emperor A I R 1941 Lah. 471; Crown v. Santa Singh I L R 26 Lah. 137 and Muhammad Shafi v. State 1973 P Cr. L J 1066 rel. (c) Criminal Procedure Code (V of 1898)--- S. 103 Recovery Alleged recoveries made from Hotel No person from Public or Hotel Management called to witness recoveries Provisions of S. 103, held, violated in circumstances- Recoveries sought to be proved by Investigating Officer and Magistrate interested in conviction Such recoveries brushed aside in circumstances of case. Pehlwan and others v. The State 1975 P Cr. L J 1096 rel. THIS JUDGMENT DELIVERED BY: M. DILAWAR MAHMOOD, JUSTICE:---.--- Atta ur Rehman petitioner was tried by Summary Military Court No. 21, Gujrat, for offences under Martial Law Regulations Nos. 13, 18 and 33. He was convicted by the said Summary Military Court vide its order dated 11th January, 1979 and sentenced to 9 months' rigorous imprisonment and a fine of Rs. 5,000. In default of payment of fine he was ordered to undergo further rigorous imprisonment for a period of 3 months. The petitioner has assailed his conviction and sentence by means of this writ petition. This judgment will dispose of the same. 2. It was alleged by the prosecution that the petitioner attempted to create disaffection towards the Armed Forces in that he, between the night of 5th and 6th August, 1978…

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