1986 P Cr (PLP)
NASEER Appellant Versus THE STATE Respondent
| Citation | 1986 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Rafiq Tarar and Qurban Sadiq Ikram, JJ |
| Parties | NASEER Appellant Versus THE STATE Respondent |
| Primary Law | West Pakistan Arms Ordinance (XX of 1965)‑‑ |
Q1: What are the key laws and sections cited in 1986 P Cr (PLP)?
This judgment primarily cites: West Pakistan Arms Ordinance (XX of 1965)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1986 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: Muhammad Rafiq Tarar and Qurban Sadiq Ikram, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1986 P Cr (PLP) (NASEER Appellant Versus THE STATE Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M.A. Zafar for Appellant.
- Sh. Naseer‑ud‑Din for Respondent.
- Date of hearing: 22nd.and 23rd June, 1985.
Headnotes / Summary
‑‑‑S.13‑‑Recovery of dagger‑‑Recovery effected from house jointly owned and possessed by accused and his family members‑‑Recovery of dagger, held, could not be said to have been effected from exclusive possession off`‑accused making him liable under S. 13‑‑Conviction and sentence set aside.‑‑[Recovery].
Judgment & Decree
‑‑‑S.13‑‑Recovery of dagger‑‑Recovery effected from house jointly owned and possessed by accused and his family members‑‑Recovery of dagger, held, could not be said to have been effected from exclusive possession off`‑accused making him liable under S. 13‑‑Conviction and sentence set aside.‑‑[Recovery]. M.A. Zafar for Appellant. Sh. Naseer‑ud‑Din for Respondent. Date of hearing: 22nd.and 23rd June, 1985. QURBAN SADIQ IKRAM, J.‑‑This is an appeal by Naseer against the conviction, by learned Additional Sessions Judge, Sheikhupura, who vide judgment, dated 3‑11‑1982, sentenced him under section 13, Arms Ordinance No.XX of 1965 to three months, R.I.
2. Naseer appellant was an accused in a murder case. He was arrested on 24‑6‑1979. Thereafter while in custody, he led the Investigating Officer on 5‑7‑1979 and got recovered dagger P.1 which was taken in possession vide memo. Exh.P.A. by A.S.I. Muhammad Younas P.W.1 in the Presence of Mushtaq Ahmad P.W.3 and Ghulam Rasool given up P.W. The accused was challaned and convicted as stated above.
3. In support of its case the prosecution examined three witnesses. A.S.I. Muhammad Younas P.W.1 is the investigating Officer who took Khanjar P.1 in possession vide memo. Exh.P.A. He prepared complaint Exh.P.B. on the basis of which formal F.I.R. Exh.P.B./1 was recorded by M.H.C. Maqsood‑ul‑Hassan P.W.2. He challaned the accused Mushtaq P.W.3 supported the prosecution case. He is related to the deceased of the connected murder case. The alleged recovery was made from the ceiling of the kitchen of the house jointly owned‑and possessed by Naseer accused and his family members. It cannot, therefore, be said that the accused exclusively possessed Khanjar P.1 making him liable under section 13 of Arms Ordinance XX of 1965. This appeal is, therefore, accepted. The conviction and sentence of Naseer accused is set aside. He is acquitted and will be released from prison forthwith, if not required in any other case. S.A. Appeal accepted.