1. ABDUL KADIR SHAIKH, J.---This is a petition for leave to appeal from the judgment of Baluchistan High Court dated 8-3-1988, by which an appeal filed by the petitioner was dismissed but the sentences recorded against him for the following offences were reduced as under:--
(i) For offence under section 4 of the Explosive Substances Act, 1908 to suffer R.I. For 7 years.
(ii) For offence under section 5 of the Explosive Substances Act, 1908 to suffer R.I. For 5 years.
2. Both the sentences shall run concurrently.
3. Facts of the case briefly stated are that petitioner alongwith one Daud Shah was arrested by the police for offence under sections 4 and 5 of the Explosive Substances Act, 1908 read with section 13- E of the Arms Ordinance on 21-6-1987. 1t is a case of the prosecution that petitioner Daud Shah and others were coming in Pick-up No.Q.A.B-3532 which was intercepted by the police near Chaman and on search of a bag which petitioner admitted as belonging to him explosive powder slabs, time device and detonator were recovered.
4. At the trial prosecution examined Yar Muhammad D.S.P. Chaman, Abdul Hamid and Muhammad Younus both ASis of Chaman Police Station, Ghulam Hyder SHO, Muhammad Siddique and Abdul Aziz Khalid Explosive Experts and Kamal Khan driver of the Pick-up whose testimony was believed by Special Judge, Baluchistan at Quetta and petitioner was accordingly held guilty on the charge for the offences framed against him. Learned Judges of the Division Bench in the High Court who dealt with the appeal on re-appraisal of the evidence confirmed the finding of the trial Judge and while upholding the conviction recorded against the petitioner reduced the sentences imposed against, him as mentioned earlier.
5. We have heard the learned counsel in support of the petition and gone through the record of the case. We find that no exception on facts and law can be taken with the view that has prevailed with the learned Judges in the High Court.
6. The petition is, therefore, dismissed.