1999 PLP 440 (MLD)
MUHAMMAD QASIM alias USMAN — Applicant Versus THE STATE — Respondent
| Citation | 1999 PLP 440 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | MUHAMMAD QASIM alias USMAN — Applicant Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 1999 PLP 440 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 440 (MLD)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 440 (MLD) (MUHAMMAD QASIM alias USMAN — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Admittedly, the weapon had no number yet it was not sealed on the spot. It is also apparent from the copy of the F.I.R. available with the Assistant Advocate-General that there are over-writings at several places which casts doubt on the correctness of the contents thereof. Applicant's counsel also places reliance on the unreported Supreme Court judgment in the case of State v. Bashir son of Ladho Bhambhro (Crl. Appeal No.325 of 1994) to urge that the arrest of the applicant by C.I.A. Sub-Inspector was without lawful authority.
Headnotes / Summary
S. 497(2)
West Pakistan Arms Ordinance (XX of 1965), S.13-1)
Pistol allegedly recovered from the accused had no number and was not sealed on the spot
Copy of the F.I.R., available with the State Counsel contained over-writings at several places which casts doubt on the correctness of its contents
Arrest of the accused by C.I.A. Sub-Inspector was contended to be without lawful authority
Case against accused, in circumstances, required further inquiry and he was admitted to bail accordingly.
Judgment & Decree
KAMAL MANSUR ALAM, J.
F.I.R. No 203 of 1996 of Police Station Bughdadi lodged by S.I. Chand Khan Niazi, C.I.A. Riaz, Karachi alleges that on 28-11-1996 he received spy information that some persons with illegal arms were present at Bayrozgar Chowk, Haji Ismail Road, Khadda Market, whereupon he reached the place and arrested the applicant and one another person and from the possession of the applicant an unlicensed 30 bore locally made T.T. Pistol was recovered. Admittedly, the weapon had no number yet it was not sealed on the spot. It is also apparent from the copy of the F.I.R. available with the Assistant Advocate-General that there are over-writings at several places which casts doubt on the correctness of the contents thereof. Applicant's counsel also places reliance on the unreported Supreme Court judgment in the case of State v. Bashir son of Ladho Bhambhro (Crl. Appeal No.325 of 1994) to urge that the arrest of the applicant by C.I.A. Sub-Inspector was without lawful authority. In view of the aforesaid circumstances, we consider applicant's case to be that of further inquiry and accordingly we grant him bail on his furnishing one surety in the sum of Rs.1,00,000 (Rupees one lac) and P.R. Bond in the like sum to the satisfaction of the trail Court. N.H.Q./M-199/K Bail allowed