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1991 P Cr. L J 1660

KHIAL DIN vs THE STATE

Citation1991 P Cr. L J 1660
CourtLahore High Court
Case No.Criminal Revision No.478 of 1983
Date1991-02-18
Judge(s)Muhammad Munir Khan
ResultRevision accepted

Khial Din, petitioner, stands convicted under section 13 of the Arms Ordinance, 1965, and sentenced to six months' R.I. He was an any official. The charge against him was that he was keeping .12 bore gun and cartridges without any licence, on 7-8-1980, which were recovered from by Muhammad Rashid A.S.I. He was convicted by the trial Court and sentenced to six months' R.I. On 13-10-1982. The appeal filed by him was dismissed by the learned Additional Sessions Judge, Mianwali, on 18-8- 1983.

2. The learned counsel for the petitioner submits that only two police officials have been produced and no independent witness was associated with the recovery of fire-arms from the petitioner. The learned counsel for the State has supported the impugned judgment.

3. I have considered the matter carefully. I find that the fire-arm was allegedly recovered from the petitioner at a Bus stand where normally the public men are always available. Despite this, Muhammad Rashid A.S.I. Did not associate any person from public. This being the position, I feel that no implicit reliance can be placed on the statements of two police officials.

4. For what has been said above, the revision is accepted and the conviction and sentence of the petitioner is set aside. He is acquitted of the charge. He is on bail. He stands discharged of his bail bond. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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