SH. RIAZ AHMAD, J.--- The appellant was tried by a Special Court constituted under the Suppression of Terrorist Activities Act, 1975 on the charge under section 13/20/65 of the Arms Ordinance at Gujranwala. Vide judgment, dated 3rd of June, 1990, the trial Court found the appellant guilty of the said charge; and thus convicted and sentenced him to undergo rigorous imprisonment for a period of six years.
2. Aggrieved by his aforesaid conviction and sentence, the appellant has filed this appeal through jail which shall be disposed of by this judgment. We have heard the learned counsel at length, and-have perused the entire record of this case. Brief facts of the case are that on 8th of March, 1990 at about 7-30 p.m, near Mehmanda Chowk, the appellant was apprehended by Sub- Inspector Muhammad Iqbal and other police officials. At the time of the arrest of the appellant from his possession a klashnikov P.1 alongwith a magazine P.5 loaded with 20 live cartridges P.6/1- 20 and a bag P.2 containing two magazines P.3/1,-2 loaded with 40 bullets P.4/1-40 were recovered, and the same were taken into possession vide memo. Exh.PA. Attested by Muhammad Iqbal S.I.
P.W.1 Munir Hussain Shah P.W.2 and Muhammad Akram A.S.I. (not produced). After the aforesaid recovery, Muhammad Iqbal S.I. Sent the complaint Exh.P.C. To the police station for the registration of a case, where the formal F.I.R. Exh.P.C./1 was drawn by Gulzar Ahmad M.H.C. P.W.3 at 7-45 p.m.
The same day.
3. At the trial, the prosecution with a view to prove its case produced Muhammad Iqbal S.I. As P.W.1, Munir Hussain Shah as P.W.2 and Gulzar Ahmad M.H.C. As P.W.3.
4. When examined under section 342, Cr.P.C. The appellant denied the charge and stated that in fact he was an electrician by profession and was employed in a factory, and in the off season, he used to sell the fruit on a Rehri. On the fateful evening, he alongwith his landlord namely Baberi was proceeding with him in a car to the village. In the way, the car went out of order, and the police, party standing nearby wanted to apprehend the aforesaid Baberi, who ran away from the scene of occurrence, and the appellant was taken into custody and all the articles, referred to above, were planted upon the appellant. He further stated that the police involved him in another case of theft of car under section 411, P.P.C.
5. The appellant also entered in the witness-box, and stated that he was innocent; and in fact, he repeated his statement made under section 342, Cr.P.C. The appellant also produced his mother as D.W.2 who also stated that the appellant was innocent.
6. With the assistance of the learned counsel for the appellant, we have carefully gone through the entire record, ant have heard the contentions raised by the learned counsel at length. Mehmanda Chowk is a very busy place; the A occurrence took place at 7-30 p.m. We fail to understand, as to why the police was reluctant to cite a witness from the public to lend sanctity to the recovery effected from the appellant. This is not the first case but in many other cases of this type no independent witness from the public is produced, and the police plants Klashnikovs, revolvers and knives upon the people. In our view, this practice is being carried on by the police officials with a view to show their efficiency to the higher Police Officers. This is high time, that such trend and practice should be deprecated, aria the Inspector-General of Police, Punjab should-take some action, or should guide the police with regard to the mode of investigation in such like cases so that the Courts are convinced about the truth of the recoveries. In fact, such practice is giving a very long hand to the police to involve any person they choose to plant upon him the weapon of their own choice. In this particular case, the appellant happens to be a fruit vendor; the arms and ammunition recovered from him is unthinkable, particularly so, when g he has no previous criminal record. How can a person possess such a heavy bulk of ammunition who earns his livelihood merely by selling fruit on a Rehri. We are thus constrained to further observe that in fact the real culprits are being let off, and the valuable arms and ammunition are being planted upon those persons who have no means to follow their cases.
7. Another question falling for determination is the evidentiary value' of the statements of these police officials. Of course, the police officials are competent witnesses but the validity of their testimony is reduced when no C witness from the public is cited in an occurrence which takes place in a thickly populated area like the Mehmanda Chowk. We are, therefore, not impressed by the truth of the recoveries in this case. Furthermore, another jurisdictional question arises in this case whether a Court constituted under the Suppression of Terrorists Activities Act was competent to try an offence under section D 13/20/65 of the, Arms Ordinance. Answer to this question is in negative, because only offences under section 4(B) of the Arms Ordinance are triable by such Courts.. Unfortunately, neither the learned Assistant Advocate-General nor the District Attorney considered this aspect of the case, and the appellant has been made to suffer without any rhyme or reason. He was taken into custody on 8-3-1990 when the recovery was effected from him, and till date is in continuous detention. Can he be reimbursed or compensated for the miseries he has gone through. In our view, he is the victim of the police tyranny.
8. For the foregoing reasons, we have no option but to accept this appeal. Resultantly, the conviction and the sentence of the appellant is set I aside. He shall be released forthwith if not required to be detained in any other E case. A copy of this order be sent to the Inspector-General of Police and the Home Secretary, Punjab to take such suitable action as they deem fit. We may further observe that in past as well such like cases came to our notice, and we have been sending the copies of such orders to the authorities concerned, but we regret to note that no positive steps have so far been taken. However, now we expect that something positive shall be done in this case for bringing the miseries of the people to an end.