Law:

Section:

Constitution of Pakistan (1973)--------------Art. 185(3)-West Pakistan Arms Ordinance (XX of 1965), S. 13 (e)-Accused having been caught in possession of unlicensed arms in front of his house-All witnesses produced being Police officials and no effort made by Investigating Officer to get an independent person from locality though available at relevant time-Record not indicating anything in behaviour or conduct of accused at relevant time which could be said to have aroused any suspicion in order to justify personal search of accused by Police-Leave to appeal granted to see whether well-established principles of appreciation of evidence in criminal cases had been followed by Court in circum­stances. ORDER ASLAM RIAZ HUSSAIN, J.-The petitioner seeks leave to appeal from the judgment of the High Court dated 14-7-1985, dismissing his appeal. 2. Briefly, the facts of the case for the purpose of this order are that at about 12.45 p. m. on the night between 3-4/9/1982, Syed Shah Muhammad petitioner was standing in front of his house when a police party headed by Station House Officer, Police Station, Gawalmandi, Quetta, came there, searched him and finding a .38 bore revolver from the fold of his Shalwar recovered the same and arrested him for being in posses­sion of an unlicensed revolver. 3. At the trial the prosecution produced 3 witnesses, namely (1) Rasool Bakhsh, Additional S. H. O. (P. W. 1), Muhammad Sharif, S. H.O. (2) Abdul Hafeez, A. S. I. (P. W. 3). It also relied on the .38 bore revolver and the 6 bullets recovered from the petitioner. 4. The petitioner denied the charge against him and stated that the revolver in question was never recovered from his possession. He stated that on the night of the occurrence tie was standing in front of his house when the police came up and wanted to search his house. Ha demanded to see the search-warrant, which the police was unable to produce and being annoyed at the resistance put up by him the police fabricated a false case against him in order to teach him a lesson. 5. The learned Sessions Judge found him guilty under section 13(e) of the West Pakistan Arms Ordinance, 1965, and sentenced him to 3 years' R. I., and a…

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