Law:

Section:

Criminal Procedure Code (V of 1898) S. 103 West Pakistan Arms Ordinance (XX of 1965), S. 13-E Qanun e¬-Shahadat (10 of 1984), Art. 40 Recovery Association of two respectable inhabitants of the locality is not required in a case where the accused himself leads the police to a particular place and gets the article recovered. In the present case, the accused had led the police to his house and pointed the place wherefrom the gun was recovered. Neither search warrants were issued by the Magistrate for the search of the house of the accused nor the Police had searched his house/place of its own. The plain reading of section 103, Cr.P.C. would show that the provisions of this section apply to a case where the Police conducts search of a house/place to recover an article for which search is to be made and not to a case where anything is to be discovered in consequence of the information given by or on the pointation of the accused. The recovery to be made on the pointation of the accused is relevant under Article 40 of the Qanun e Shahadat, 1984. The association of the two respectable inhabitants of the locality is not required in a case where the accused himself leads the Police to a particular place and gets the article recovered. JUDGMENT MUHAMMAD MUNIR KHAN, J. This appeal arises from the facts that Mir Muhammad (appellant) was tried under section 13 E of the Arms Ordinance, 1965 on the charge of keeping unlicensed gun, by Additional Sessions Judge, Usta Muhammad, who, on the conclusion of the trial convicted him under section 13 E of the Arms Ordinance, 1965 and sentenced him to one year's R.I. and a fine of Rs.500 or in default three months' R.I. Benefit of section 382 B of Criminal Procedure Code was given to him. Appeal filed by the appellant was dismissed by the High Court of Balochistan, Quetta on 16 3 1992. Feeling still dissatisfied, he filed petition for leave to appeal against the judgment of the High Court. This Court vide its order dated 14 11 1992 has granted leave to appeal to reappraise the evidence. 2. According to the prosecution case, the appellant, while under arrest in the connected murder case (Criminal Appeal No. 286/1992), led the Police to…

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