Law:

Section:

Explosive Substances Act (XI of 1908) -- Ss. 4 & 5 A West Pakistan Anus Ordinance (XX of 1965), S.13 ¬Constitution of Pakistan (1973), Art.185(3) No private person was associated in recovery proceedings. although so could be done very easily Evidence of both the police officials was tainted with doubts and did not inspire confidence Police Officer who was supposed to give entire facts had deliberately concealed the same Was not believable that despite the raids having been made so many times at the house of accused, he was not known to the police officials when his brothers and mother were well known to them Recovery of the incriminating articles, thus, had not been satisfactorily proved Accused was acquitted in circumstances by converting the petition for leave to appeal into appeal. Sardar Muhammad Siddiqui, Advocate Supreme Court and Ejaz Muhammad Khan, Advocate on Record for Petitioner. Dil Muhammad Tarar, Advocate Supreme Court for the State. Date of hearing: 22nd April, 2003. JUDGMENT NAZIM HUSSAIN SIDDIQUI, J. Petitioner, Muhammad Parvaiz, has impugned the judgment dated 16 10 2002 of a learned Judge in Chambers, Lahore High Court, whereby Appeal No. 1194 of 2001 preferred by him was dismissed. 2. The petitioner was tried in the case of F.I.R. No.14 of 2001 of Police Station Musa Khel by learned Additional Sessions Judge/Suppression of Terrorists Activities Court, Mianwali and as per judgment, dated 18 7 2001 was convicted and sentenced as follows: "Under section 13 of the Pakistan Arms Ordinance, 1965 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 was sentenced to 7 years and Under section 5 A of said Act his property was forfeited in favour of the Government." 3. Being dissatisfied, lie preferred appeal before High Court, which was dismissed by the judgment, which has been impugned in this petition. 4. Briefly stated the prosecution case is that on 28 1 2000 at about 3 00 p.m. in the house of Habib Ullah, situated in Chidru Chowk within the jurisdiction of Police Station Musa Khel, the petitioner was fund in possession of a .12 bore gun, five live…

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