Case Details

Citation(s)
1990 SLG 641 1990 SLD 641 1990 SCMR 482
Supreme Court of Pakistan
Criminal Petitions Nos.302 to 305 of 1988, decision dated: 17-04-1989.
JAVID IQBAL, GHULAM MUJADDID AND SAAD SAOOD, JAN, JJ
M. M. Saeed Baig, Advocate Supreme Court and S. Inayat Hussain, Advocate-on-Record for Petitioners (in all Appeals). Nemo for
Respondents.

NASIR ABBAS and 3 others

VS

THE STATE --Respondent

Law:

Section:

West Pakistan Arms Ordinance (XX of 1965)------S.13---Constitution of Pakistan (1973), Art.185(3)---Evidence, appreciation of---No infirmity in the findings of High Court was found---Prosecution witness, in his statement, did not mention recovery of fire-arm from possession of accused but testimony of Investigating Officer was against him who had no reason to have perjured himself against the accused---No case for interference having been made out, petition was dismissed. ORDER SAAD SAOOD JAN, J.--The petitioners in these four petitions for special leave to appeal were separately tried by the Special Court for speedy trial of an offence under section 13, Arms Ordinance and were sentenced to suffer rigorous imprisonment for a period of seven years and fines of Rs.5,000. They filed appeals which were heard by a Division Bench in the High Court. The learned Division Bench maintained their convictions and sentences and dismissed the appeals after giving a direction that they should be given the benefit of Section 382-B, Criminal Procedure Code. 2. The case of the prosecution was that on the night between 9/10-7-1987 a police contingent was travelling by a wagon on the Jhang-Chiniot Road. When it reached Chamra Mor, it found the petitioners standing on the road side. The petitioners started running. The police party chased them…
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