| Citation(s) |
|---|
| 1991 SLG 965 1991 SLD 965 1991 SCMR 457 |
Supreme Court of Pakistan
Criminal Petition No. 1-Q of 1988, hearing DATE : 25-05-1988. decided on 25-05-1998(On appeal from the judgment of the Balochistan High Court dated 8-3-1988 passed in Cr. A. No. 47 of 1987)
ABDUL KADIR SHAIKH, S.A. NUSRAT AND ZAFFAR HUSSAIN MIRZA, JJ
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Criminal Petition No. 1-Q of 1988, hearing DATE : 25-05-1988. decided on 25-05-1998(On appeal from the judgment of the Balochistan High Court dated 8-3-1988 passed in Cr. A. No. 47 of 1987)
ABDUL KADIR SHAIKH, S.A. NUSRAT AND ZAFFAR HUSSAIN MIRZA, JJ
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MIRA JAN
THE STATE
Law:
Section:
Explosive Substances Act (VI of 1908)--Ss. 4 & 5---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal--High Court while dealing with the appeal on reappraisal of evidence had confirmed the finding of Trial Court and while upholding conviction of accused had reduced the sentences---No exception on facts and law could be taken with the view which had prevailed with High Court---Petition for leave to appeal was dismissed in circumstances. ORDER ABDUL KADIR SHAIKH, J.---This is a petition for leave to appeal from the judgment of Balochistan High Court dated 8-3-1988, by which an appeal filed by the petitioner was dismissed but the sentences recorded against him for the following offences were reduced as under:-- (i) For offence under section 4 of the Explosive Substances Act, 1908 to suffer R.I. for 7 years. (ii) For offence under section 5 of the Explosive Substances Act, 1908 to suffer R.I. for 5 years. Both the sentences shall run concurrently. Facts of the case briefly stated are that petitioner alongwith one Daud Shah was arrested by the police for offence under sections 4 and 5 of the Explosive Substances Act, 1908 read with section 13-E of the Arms Ordinance on 21-6-1987. 1t is a case of the prosecution that petitioner Daud Shah and others were coming in Pick-up No.Q.A.B-3532 which was intercepted by the police near…
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