Find a Lawyer

Petition for Special Leave to Appeal No. K‑35 of 1975, decided on 24th October 1975.

(On appeal from the order

of the High Court of Sind & Baluchistan, Karachi, dated the 26th of May 1975 in Criminal Appeal No 91 of 1975)

West Pakistan Arms Ordinance (XX of 1965)‑

‑‑ S. 13(e)‑Arms, illegal possession of‑‑One witness stating recovery of revolver to have been made from accused's loincloth while other stating revolver to be recovered from his shalwar but loin cloth appearing to have been worn inside shalwar No cross- examination, however, put on point‑Mere fact of recovery witnesses being public officers‑No reasonable ground for disbelieving them, particularly when they were never cross‑examined. [Witness.]

M.I. Memon, Advocate‑on‑Record for Petitioner.

Nemo for the State.

Date of hearing : 24th October 1975.

SALAHUDDIN AHMED, J.

‑The petitioner has been aggrieved by an order of the High Court of Sind & Baluchistan maintaining his conviction and sentence under section 13(e) of the Arms Act.

A revolver 38 bore was recovered from the petitioner. There are two witnesses of recovery one of whom said that the revolver was recovered fro his loin cloth while the other said it was recovered from his shalwar. It appears that the lion cloth was inside the shalwar. None of these two witnesses was cross‑examined on behalf of the petitioner.

The record summoned by us has been produced and we have examined it. The mere fact that both the witne3ses of recovery are police officers no reasonable ground for disbelieving them particularly when they were never cross‑examined.

There is no substance in this petition, and it is accordingly dismissed.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.