Abbas petitioner was convicted by Magistrate First Class, Narowal on 20-12-1988 for an offence under section 13 of the Arms Ordinance, 1965 and sentenced to one year's R.I. His appeal was dismissed by learned Additional Sessions Judge, Narowal on 9-9-1989. Hence the present revision petition.
2. Learned counsel has relied upon the case of Crown v. Santa Singh AIR 1944 Lah. 339 to contend that the exclusive possession and control of the petitioner not being proved, he could not be convicted. It is clear from the statements of the P.Ws. Particularly Bashir Ahmad, A.S.I. (P.W.3) that when the petitioner led to the recovery ladies of the house were present. The recovery was effected from a Paiti which was locked and the key was provided by some member of the family. Who provided the key, has not been mentioned by the A.S.I., rather he failed to remember it. While the exclusive possession not being proved the conviction was not correctly recorded. The revision petition is, therefore, accepted. The conviction and the sentence of the petitioner are hereby set aside and the petitioner is acquitted. He is on bail and stands discharged of the bail bonds.
SA./A-29/L