Law: West Pakistan Arms Ordinance, (XX of 1965)

Section: 13

Law: Explosive Substances Act, 1908

Section: 5-A

  (a) Evidence---   ---Appreciation of evidence- --Court has to see the quality of evidence and not the quantity.   (b) Criminal trial---   ----Witness---Police witnesses were as good witnesses as public witnesses.   (c) West Pakistan Arms Ordinance (XX of 1965)---   ----S.13---Explosive Substances Act (XI of 1908), Ss.4 5-A--¬Appreciation of evidence---No enmity was found on part of prosecution witnesses who were produced by prosecution against the accused---No person from the public in such-like cases dares to appear as a witness--¬Statement of Assistant Sub-Inspector of Police was corroborated with statement of Sub-Inspector/S.H.O.---Defence witness was mother of the accused who naturally would support her son---No person from the public was produced---No mala fide on part of prosecution witnesses was shown by the prosecution---Appeal against of Trial Court, was dismissed, in circumstances.   Munsif Awan for Appellant.   Tariq Mehmood Chaudhry Kamboh for the State.   Date of hearing: 16th October, 2002. JUDGMENT This judgment will dispose of Criminal Appeal No. 1194 of 2001 directed against the judgment dated 18-7-2001 passed by the learned Special Judge, Suppression of Terrorist Activities Court, Mianwali, whereby he convicted the appellant as under:-- Under section 13/20/65 of Arms Ordinance the appellant was sentenced to undergo three years R.I. with fine of Rs.5,000 or in default six months R.I. Under section 4 of Explosive Substances Act, 1908 he was sentenced 7 years, and Under section 5-A of the Explosive Substances Act, 1908 his property was forfeited with the Government. 2. Brief facts of the case as narrated in the F.I.R. Exh.P.D. by the police are that on getting information about the presence of appellant, a raid was conducted at about 3 p.m. in the house of Habib Ullah where Muhammad Pervaiz appellant was found in possession of .12 bore gun with five live cartridges and a hand-grenade with match box having fuse of the grenade. The accused-appellant was apprehended and the fire-arms recovered from him was taken into possession vide recovery memo. Exh.P.A. Ultimately, with permission of the Government…

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