' It Was on 8-1-1997 at 4 p. That S.H.O. Police Station Ouch received information as to involvement of Mukanunil Shah petitioner for harbouring and supplying edibles to one P.O. Namely, Abdullah.
Consequent upon such information, the petitioner was arrested from Bazar Kumbar and from his possession, a China-made pistol .30 bore and with a charger containing 35 live rounds, were recovered. The pistol was licensed. A case under section 216, P.P.C. Was registered against the petitioner on the allegation of harbouring and that he is supplying edibles to the P.O., above- named.
2. The accused Mukammil Shah was put to trial in the Court of Illaqa Qazi Lal Qilla who vide his order, dated 12-5-1997 found the petitioner guilty of the offence he was charged with and consequently sentenced him to a fine of ks.5,000 and in default of such payment to six months' simple imprisonment.
' Aggrieved from the order of conviction and sentence, appeal was filed in the Court of -Zilla Qazi, Timergara which was partially allowed by the learned Appellate Judge whereby the amount of fine was reduced from Rs,5,000 to Rs,200.
' Still not contented, the convict has filed the instant quashment petition under section 435 read with section 561-A, Cr.P.C.
3. The perusal of the order of the learned Illaqa Qazi manifest that the trial Court was not convinced with the evidence of the prosecution. In the judgment it is observed that from the facts and circumstances of the case and from the appraisal of evidence, the ingredients of section 216, P.P.C.
Could not be made out against the petitioner. Similarly, at page 6 it was observed that after close scrutiny of the evidence it was found and finding was given as under:- {{URDU TEXT}} ' It was again held at page 8 of the judgment of the Illaqa Qazi which runs as under:-- {{URDU TEXT}}
4. In this view of the finding as was given by the trial Court and after having scanned the evidence, I am of the view that conviction was wrongly recorded. The same is, therefore, set aside and the order of the learned Illaqa Qazi, dated 12-5-1997 and that of Appellate Judge, dated 22-10-1998 are quashed and petitioner is acquitted of the charge.
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