1991 PLP 457 (SCMR)
MIRA JAN — Petitioner Versus THE STATE — Respondent
| Citation | 1991 PLP 457 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Abdul Kadir Shaikh, S.A. Nusrat and Zaffar Hussain Mirza, JJ |
| Parties | MIRA JAN — Petitioner Versus THE STATE — Respondent |
| Primary Law | Explosive Substances Act (VI of 1908) |
Q1: What are the key laws and sections cited in 1991 PLP 457 (SCMR)?
This judgment primarily cites: Explosive Substances Act (VI of 1908) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1991 PLP 457 (SCMR)?
The case was heard and decided by the High Court bench comprising: Abdul Kadir Shaikh, S.A. Nusrat and Zaffar Hussain Mirza, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 457 (SCMR) (MIRA JAN — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Tahir Muhammad Khan, Advocate Supreme Court and S.A. M. Quachri Advocate-on-Record for Petitioner.
- Date of hearing: 25th May, 1988.
- Tahir Muhammad Khan, Advocate Supreme Court and S.A. M. Quachri Advocate‑on‑Record for Petitioner.
- Yakub K. Eusafzai, Advocate‑General Balochistan for the State.
Headnotes / Summary
(On appeal from the judgment of the Balochistan High Court dated 8-3-1988 passed in Cr. A. No. 47 of 1987).
Ss. 4 & 5
Constitution of Pakistan (1973), Art. 185(3)
Leave to appeal-- High Court while dealing with the appeal on reappraisal of evidence had confirmed the finding of Trial Court and while upholding conviction of accused had reduced the sentences
No exception on facts and law could be taken with the view which had prevailed with High Court
Petition for leave to appeal was dismissed in circumstances. Yakub K. Eusafzai, Advocate-General Balochistan for the State.
Judgment & Decree
ABDUL KADIR SHAIKH, J.‑‑‑This is a petition for leave to appeal from the judgment of Balochistan High Court dated 8‑3‑1988, by which an appeal filed by the petitioner was dismissed but the sentences recorded against him for the following offences were reduced as under:‑‑ (i) For offence under section 4 of the Explosive Substances Act, 1908 to suffer R.I. for 7 years. (ii) For offence under section 5 of the Explosive Substances Act, 1908 to suffer R.I. for 5 years. Both the sentences shall run concurrently. Facts of the case briefly stated are that petitioner alongwith one Daud Shah was arrested by the police for offence under sections 4 and 5 of the Explosive Substances Act, 1908 read with section 13‑E of the Arms Ordinance on 21‑6‑1987. 1t is a case of the prosecution that petitioner Daud Shah and others were coming in Pick‑up No.Q.A.B‑3532 which was intercepted by the police near Chaman and on search of a bag which petitioner admitted as belonging to him explosive powder slabs, time device and detonator were recovered. At the trial prosecution examined Yar Muhammad D.S.P. Chaman, Abdul Hamid and Muhammad Younus both ASis of Chaman Police Station, Ghulam Hyder SHO, Muhammad Siddique and Abdul Aziz Khalid Explosive Experts and Kamal Khan driver of the Pick‑up whose testimony was believed by Special Judge, Balochistan at Quetta and petitioner was accordingly held guilty on the charge for the offences framed against him. Learned Judges of the Division Bench in the High Court who dealt with the appeal on re‑appraisal of the evidence confirmed the finding of the trial Judge and while upholding the conviction recorded against the petitioner reduced the sentences imposed against, him as mentioned earlier. We have heard the learned counsel in support of the petition and gone through the record of the case. We find that no exception on facts and law can be taken with the view that has prevailed with the learned Judges in the High Court. The petition is, therefore, dismissed. N.H.Q./M‑1443/S Leave refused.