Possession of unlicensed firearm

2019 MLD 1962 QUETTA-HIGH-COURT-BALOCHISTAN Judicial Precedent

S. 13(e)Criminal Procedure Code (V of 1898), S. 103Qanun-e-Shahadat (10 of 1984), Art. 129, Illus. (g)Possession of unlicensed firearmAppreciation of evidenceRecoveryProofPresumption by courtDelay on forensic analysisEffectAuthorities arrested accused on prior information of possession of unlicensed firearm

Investigating Officer recorded statement of private witness but prosecution did not produce such witness during trial without any justification

Non-production of private witness left a big dent in veracity of story of prosecution

Prosecution was required to comply with S. 103, Cr.P.C. to associate two respectable persons from locality

In absence of any independent witness, it was mandatory upon prosecution to show that in circumstances it was not possible to have a mashir from public

Statements of police officials indicated that no steps were taken to secure two mashirs from public and as such, recovery became doubtful

Accused was arrested on 16.07.2018 but suspected weapon was received by Forensic Science Laboratory on 13.08.2018

Investigating officer failed to explain as to why weapon was kept for 27 days which created serious doubt in case of prosecution

Prosecution failed to establish guilt of accused and commission of offence

High Court set aside conviction and sentence awarded to accused by Trial Court and acquitted him of charge

Appeal was allowed in circumstances.

2015 YLR 924 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 23(1)(a)Possession of unlicensed firearmAccused not defended by an advocateAccused himself cross-examining witnessesEffect

Conviction and sentence of accused were set-aside in such circumstances and case was remanded to the Trial Court to decide the same afresh

High Court directed that there was no need to frame a fresh charge, and that accused would remain on bail subject to furnishing fresh surety

Appeal was disposed of accordingly.

2014 PCrLJ 1618 KARACHI-HIGH-COURT-SINDH Judicial Precedent

S. 497(2)Sindh Arms Act (V of 2013), S. 23(1)(a)Possession of unlicensed firearmBail, grant ofFurther inquiry

Weapon allegedly recovered from accused was not sealed at the spot, therefore, it was not certain whether the weapon sent to the ballistic expert was the same or not

Police apprehended accused at a public place and that too on basis of advance spy information but no effort was made to associate independent private persons as witnesses

All prosecution witnesses were police officials

Case had already been challaned, and accused was no more required for further investigation, thus there was no apprehension of accused tampering with prosecution evidence

Record did not show that accused was a previous convict or had been arrested in a case similar to the present one

Case required further probe into guilt of accused

Accused was admitted to bail accordingly.