Law: Criminal Procedure Code (V of 1898)

Section: 517,520

Criminal Procedure Code, 1898 (V of 1898)- -—Ss. 517 520-Licensed gun of applicant-Recovery from applicants son-¬Acquittal of applicants son but confiscation of gun ordered-Refusal to return gun to applicant-Challenge to~Record shows that applicants son, from whose possession, gun was allegedly recovered, was not found guilty under Section 13-D of Arms Ordinance, 1965-Court to which application lies under Section 520 Cr.P.C, can modify, annul or alter such an order-No period for restoration of property under Section 517 Cr.PC, is prescribed—Application accepted and trial court directed to deliver gun and cartridges to applicant. PLJ 1990 Cr.C (Kar) 327, PLD 1981 Lahore 81, PLD 1982 Karachi 469,1983 P Cr LJ 1976. 1984 P Cr LJ 1571. 1990 P. Cr LJ 731, AIR 1936 Calcutta 21, AIR 1942 Sindh 1, PLD 1950 Lahore 97, PLD 1958 Lahore 212, PLD 1966 Lahore 918, PLD 1975 Lahore 45, AIR 1924 Lahore 75 and PLD 1972 Kar. 548 rel. JUDGMENT Almost all the material facts in this case are either admitted or undisputed and may be briefly summed up. 2. On 18.6.1984 one Budhal lodged FIR against accused Habibullah, Ashraf, Azizullah, Amanullah, Shabbir and applicant Moulvi Sher Muhammad at K.N.Shah P.S. After usual investigation all the above accused except applicant Moulvi Sher Muhammad were sent up to stand trial for the offence under Sections 148-307/149 PPC. The name of applicant Moulvi Sher Muhammad was, however, dropped. A separate case under Section 13-D of the Arms Ordinance, 1965, was also registered against accused Habibullah son of applicant Moulvi Sher Muhammad who was found in possession of a gun for which he had no valid licence, which in fact belonged to applicant Moulvi Sher Muhammad who had a valid licence for the same. The police challaned this case also alongwith the main case. The trial commenced before II-Additional Sessions Judge, Dadu who amalgamated both the cases and tried them as one. On the assessment of evidence available on record the learned Additional Sessions Judge acquitted allthe accused persons vide judgment dated 15.3.1989. He, however, confiscated the licensed gun belonging to applicant Moulvi Sher Muhammad which was allegedly recovered from the…

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