Law:

Section:

West Pakistan Arms Ordinance (XX of 1965)--S.13-E---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal --Evidence forthcoming on record from the very outset was that live bullets recovered from accused were of a prohibited weapon like kalashnikov--At no stage even the slightest doubt about its characteristics, identity or particulars was expressed---No expert evidence was thus required to establish its prohibited character as the recovered article itself was capable of proving its identity and had proved the same---Two versions with regard to recoveries, one coming forward by four police officers and the other by accused---No illegality or infirmity had been found in the conclusion drawn by Courts below after examining the evidence on record whereby prosecution evidence was preferred over the accused's version--­Police officers while being on duty looking for suspects happened to come across the accused in circumstances which aroused their suspicion leading to the arrest and recovery---One could not in such a situation insist that public members must necessarily appear to witness the recovery---Leave to appeal was refused in circumstances ---[Recovery]. (b) Criminal Procedure Code (V of 1898)--- ----S. 103---Not an absolute requirement that in every case witnesses of the public must necessarily be produced as it depends upon the facts of each case--­[Witness]. (c) West Pakistan Arms Ordinance (XX of 1965)--- ----S.13-E---Criminal Procedure Code (V of 1898), S.103---Recovery---If testimony of police officers is intrinsically sound, without there being anything in the circumstances to arouse doubt, then such testimony is sufficient for the purpose of establishing the facts ---[Witness-Recovery]. JUDGMENT SHAFIUR RAHMAN, J.---The petitioner seeks leave to appeal against the Judgment of High Court of Balochistan, Quetta, dated 3-6-1990 whereby on appeal, the conviction and sentence of the petitioner under section 13-E of the West Pakistan Arms Ordinance, 19(i5, was maintained. 2. The prosecution case against the petitioner was that on 25-6-1989 at about 6-35 a.m., Muhammad Siddique Sub-Inspector (PW-4) alongwith a Police Party while on Nakabandi…

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