1994 P Cr (PLP)

FALAK SHER, J.

Muhammad Arshad appellant (23/24) having been convicted and sentenced under section 13 of the Pakistan Arms Ordinance, 1965 for illicit retention of unlicensed Klashnikov alongwith magazine to 5 years' R.I. with a fine of Rs.20,000 in default to serve 6 months' R.1. availing the benefit contemplated by section 382-B, Cr.P.C. by the learned Judge Special Court (Suppression of Terrorist Activities), Gujranwala Division, Gujranwala vide impugned judgment, dated 3-3-1993 has preferred the captioned appeal emanating out of the case registered vide F.I.R. No.139 of 18-6-1992 at Police Station Civil Lines, Sialkot.

2. Muzaffar Hussain, S.I. P.W.2 recorded F.I.R. Exh.P.A. alleging overpowering of the appellant upon a tip off on 18-6-1992 around 9-30 p.m. while on patrol duty in official jeep bearing registration No.3170/LHR within the vicinity of Hakim Khadim All Road near National Identity Cards Office and recovering Klashnikov P.l. filled with a magazine P.2 hang on his right shoulder beneath shirt, secured into possession vide memo. Exh.P.B. witnessed by Qadir Dad, Head Constable P.W.3, Muhammad Saif F.C. (given up as unnecessary) .in addition to the complainant.

3. The complainant testifying the recovery in cross-examination repelling the suggested fake plantation at the instance of his relation Khalid Shaheen Butt with a view to avenging the latter's defeat at the hands of the appellant's candidate Sh. Qadeer, affirmed recovery of unlicensed revolver at the appellant's instance on 22-6-1992 while on judicial remand in the present case, pleading ignorance as to fate thereof despite recording of the acquittal. To whom Qadir Dad, Head Constable P.W.3 joined on all material particulars H with Muhammad Hanif Naseem, Fire-Arm Expert vouching automatism of the reported weapon.

4. While the appellant entering the plea, of denial made the following statement under section 3-i2, Cr.P.C. In the preceding local body elections, one Khalid Shaheen Butt and Sh. Qadeer contested the elections in my ward. We were the supporters of Sh. Qadeer, Khalid Shaheen Butt is a relative of Muhammad Yaqoob, A.S.I. Yaqoob A.S.I. tried his best to get our votes for his relative Khalid Shaheen Butt but we did not agree. For this reason the A.S.L got annoyed and looked for an opportunity to make to suffer. At last he planted the recoveries of illicit tire-grins on me as a revenge. and in support thereof examined Mian Fayyaz Ali D.W.1 a defeated candidate for the indigenous Provincial Assembly Scat with Abdur Rehman D.W.2 and Muhammad Ijaz Butt D:W.3 local shop-keepers refuting the incident.

5. Learned counsel for the appellant assailing the impugned judgment reiterating the appellant's stance submitted that absence of cartridge renders the complained of recovery highly doubtful, concealment of the appellant s acquittal in the connected case referred to supra registered and investigated by him tends to adversely reflect on his veracity and supports appellant's pica of mala fides thus cannot be safely relied upon for conviction especially in view of the irreconcilable improvement in the prosecution story as to pegging of the weapon, viz. according to the F.I.R. it was hidden beneath the appellant's shirt which cover was unveiled at 1he trial.

6. Having perused the entire evidence the contentions urged by the; learned counsel for the appellant does not seem to be bereft of reality; consequently for the safe administration of criminal justice conferring the 8 benefit of doubt the appeal is allowed and the appellant is acquitted of the charges. If not wanted in any other case should be released forthwith. N.H.Q./M-1324/L Appeal allowed.