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1997 SCMR 372

RIAZ ALI vs The STATE

Citation1997 SCMR 372
CourtSupreme Court of Pakistan
Case No.Criminal Petition No.83-K of 1995Criminal Appeal No. 10 of 1995
Date1995-09-03
Judge(s)Sajjad Ali Shah, Mukhtar Ahmed Junejo
ResultLeave granted

ORDER

SAJJAD ALI SHAH, C.J.---In this case the petitioner is convicted for offence under section 13-D of the Arms Ordinance and was sentenced by the Trial Court to R.I. For seven years and fine of Rs.10,000 or in default R.I. For one year. On appeal the High Court, after appraising the evidence, has agreed with the conclusion and dismissed the appeal with modification that sentence is reduced to R.I. For three years and fine is also reduced to Rs.2,000 or in default further S.I. For six months is imposed.

2. Contentions are raised that there are contradictions in the evidence of the witnesses which have not properly been appreciated and secondly that no question was asked whether the petitioner had licence for the Klashnikov. In support of the second contention reliance is placed on the cases reported as Sajjad Ahmad and another v. The State (1992 SCMR 408) and Ashique Hussain v. The State (1992 PCr.LJ 1998).

3. Leave is granted to consider the evidence brought on the record in the light of the contentions raised above. Petitioner is released on ball in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the Trial Court.

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