1994 P Cr (PLP)

Anwar-ul-Hassan Gillani for Appellant. Date of hearing: 12th October, 1993. RASHID AZIZ KHAN, J: -- Mazhar Iqbal accused was sent up for trial by Police Station Mochh, District Mianwali, for an offence under section 13/20/65 of Arms Ordinance read with section 4/5 of Explosive Substances Act, 1908. Special Court No.2 (Suppression of Terrorist Activities (Special Courts) Act, 1975, Sargodha, vide its judgment, dated 29-1-1992, convicted and sentenced Mazhar lqbal to 10 years' R.I. It was also directed that whole of his property shall be forfeited. The convict has appealed. This judgment shall dispose of the same. The prosecution story in brief as disclosed in complaint Exh.P.C.. on the basis of which formal F.I.R. Exh.P.C./1, dated 5-7-1991 was registered is to the effect that on 5-7-1991 Ahmed Yar complainant was posted as S.H.O., Police Station Wan Bachran, District Mianwali. He went to the area of Maddadwala in connection with the investigation of a case with police contingent. The appellant was found in possession with two Rocket Launcher Shells Exhs.P.l. and P.2 with one .30 bore pistol, and a spare magazine with 30 live cartridges. He could not produce any licence, therefore after taking into possession the abovesaid articles vide memo. Exh.P.B., the present case was registered. After usual investigation Mazhar Iqbal accused was challaned.

2. The prosecution in support of its case produced four witnesses in all. Muhammad Aslam P.W.1, Section Leader, Bomb Disposal Platoon, on 25-9-1991 examined the Rocket Launcher Shells Exh.P.l and Exh.P.2 and found in working condition. Sher Muhammad, A.S.I., P.W.2, was member of the raiding party and had witnessed the recovery of Shells P.1 and P.2 and signed the memo. Exh.P.B. as well. Ahmed Yar, S.I., P.W.3, had investigated the case and challaned the accused. He had also prepared recovery memos. Zafar Iqbal, Constable, p.W.4, had registered formal F.I.R. Exh.P.C./1. At the conclusion of the prosecution evidence appellant was examined without oath. He refuted the prosecution allegations and pleaded innocence. He further stated that the present case was got registered against him by the police only to show their efficiency. The appeal had been filed from jail. State had appointed Mr. Anwar-ul-Hassan Gillani, Advocate, to represent the appellant. It was contended by learned counsel for the appellant that the case against the appellant was highly doubtful. Submitted that the occurrence had taken place in Abadi yet no witness from the locality was associated and in such circumstances proceedings became highly doubtful.

3. We have heard the learned counsel and gone through the evidence. The police party had raided the Dera in connection with the investigation of a case. The appellant with two others were found armed with illicit arms. The witnesses were put to lengthy cross-examination but nothing was brought on the record to suggest any enmity of the appellant with the police. Rocket Launcher Shell is an expensive explosive substance nor they are readily available, therefore, identity of such a weapon can safely be ruled out oiL consideration. As for association of any public witness is concerned, we are not impressed with the arguments because before the arrest of the appellant there was a police encounter and in such circumstances nobody would be available to witness the recovery from the locality where encounter took place. The prosecution has successfully proved its case beyond doubt. Appeal fails which is, dismissed. N.H.Q./M-1227/L. Appeal dismissed.