1. ' ABDUL KADIR SHAIKH, J.--This is a petition for leave to appeal from the judgment of a learned Judge of Baluchistan High Court dismissing an appeal filed by petitioner against the judgment recorded against him by Additional Sessions Judge, Quetta by which he was held guilty under section13-E of the Arms Ordinance, 1965 and sentenced to 3 years' R.I.
2. ' According to prosecution, on the raid organized by police party, petitioner's house was surrounded and when he came out he had an unlicensed rifle which was seized and the police also took into possession two cartridges in its magazine. On further search a sword was recovered which was lying on .a bed in the house.
3. ' Learned trial Judge believed the prosecution witnesses and held the petitioner guilty on the charges levelled against him except for possession of unlicensed sword for which benefit was granted to the petitioner for the reason that since there were other occupants in the house it was not proved that petitioner was in exclusive possession of the sword.
4. ' Learned Judge in the High Court on reappraisal of the evidence recorded in the case upheld the guilt of the petitioner and dismissed the appeal filed by him.
5. We find that the Courts below have founded guilt of the petitioner on proper and cogent evidence produced by the prosecution. Learned counsel however sought to argue that the evidence regarding the recovery of the rifle is discrepant and petitioner is therefore entitled to the benefit of doubt. This plea was neither taken at the trial nor before the High Court and petitioner is therefore not entitled to raise it for the first time before this Court.
6. ' There is no merit in this petition and it is accordingly dismissed.