' According to the F. L R. The petitioner Taj Muhammad who is working as Chowkidar in the District Courts of Sheikhupura was apprehended by the Police Officials when he was in possession of an unlicensed pistol. The police officials raided his quarter at about 8 p. m. On 14th of December, 1917 when he was found to be in possession of a pistol. It was recovered in the presence of the witnesses accompanying the police officials. He was tried by the Summary Military Court, Sheikhupura on 12th of January, 1978 and sentenced to six months' R. I.
2. In his statement made in defence in his own band the petitioner has stated that Shahbaz alias Baja son of Saeed came to his house on the day of occurrence when he was not present there. He called his son and asked about him on the day of occurrence when he was not present there. He called his son and asked about his whereabouts. He told him that he was in the District Courts. The petitioner has stated that Shahbaz alias Baja asked his son to call him from the District Court and when he came to his quarter he was asked by Shahbaz alias Baja to keep his revolver and money in custody for the time being. He refused to do that and while they were talking to each other on this subject the police officials came to the spot and arrested him. The record shows that Shahbaz alias Baja was not examined as witness by the prosecution and as such truthfulness of the prosecution version and the defence statement made by the petitioner could not be sorted out.
3. The learned A. A. G., has submitted that since raid was conducted by the Police Officials in the company of Shahbaz alais Baja, therefore, there was no need to produce the informant. Further the police official P. W. I himself accompanied Shahbaz alias Baja to the residence of Taj Muhammad before the raid was conducted for the purpose of purchasing the aforesaid licenced pistol which was in the possession of the petitioner. According to him since then first visit was made by P. W. 1 in the company of Shahbaz alias Baja and later on the residence of the petitioner was raided by the Police officials, therefore, their testimony being quite sufficient conviction and sentence should not be interfered with.
4. There is no doubt that Shahbaz alias Baja was not, a necessary witness to be produced by the prosecution but in the given circumstances, since the petitioner had accused him of involving him without genuine cause A in this case, therefore, his production as P. W. Was necessary. In the absence of his evidence I feel that sufficient material has not been brought on record to convict the petitioner with the offence alleged to have been committed by him.
5. In the circumstances the order dated 12th of January, 1978 convicting and sentencing the petitioner to 6 months rigorous imprisonment is hereby set aside. The petitioner would be released forthwith if he is not in some other case.
6.The writ petition is accepted. #TBS . #TBE