1. ' SAIDUZZAMAN SIDDIQUI, J.---The petitioner is seeking leave to appeal against the judgment of a Division Bench of Lahore. High Court, Rawalpindi Bench, dated 3-4-1994, whereby Criminal Appeal No,162 of 1993 filed by the petitioner was dismissed upholding the conviction under section 13 of Arms Ordinance but his sentence was reduced from 5 years to 3 years and the fine was also reduced from Rs,30,000 to Rs,20,000.
2. In seeking leave to appeal, the learned counsel for the petitioner contended before us that the learned Judges of the High Court while upholding conviction and sentence of the petitioner failed to take into consideration that prosecution evidence with regard to recovery of Kalashnikov' did not show that the same was recovered from the place which was in the exclusive possession of the petitioner. It is also contended by the learned counsel that the provisions of section 103, Cr.P.C.
3. Were not followed by the prosecution while affecting the recovery of Kalashnikov. Reliance has been placed by the learned counsel for the petitioner on the case Muhammad Afzal v. The State (1983 SCMR 1). The contention raised by the learned counsel for the petitioner requires examination and we grant leave to appeal, accordingly.