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Criminal Appeal No.211 of 1978, decided on 4th April, 1984.
(On appeal from the judgment and order of the Peshawar High Court, dated 1‑4‑1978, in Cr. A.159 of 1977).
Constitution of Pakistan (1973)‑‑
‑‑‑Art.185(3)‑‑Penal Code (XLV of 1860), S.411‑‑Possession of stolen property belonging to Government‑‑Sentence‑‑No mitigating circumstances found to exist‑‑Held, interference with legal sentence awarded to convict‑appellant would not be justified. ‑‑[Sentence].
Sahibzada Akhtar Munir, Advocate Supreme Court for Appellant.
Mian Muhammad Ajmal, Assistant Advocate‑General (N.‑W.F.P) for the State.
Date of hearing: 4th April, 1984.
‑‑ Appellant was held guilty by the Special Judge (Central) Anti‑Smuggling and Anti‑Corruption, Government of N.‑W.F.P, Peshawar, under section 411, P.P.C. and was sentenced to two years' R.I. and a fine of Rs.2,000 or in default to undergo further six months' R.I. Appeal filed by him in Peshawar High Court was dismissed but leave was granted to him by this Court in order to consider the question of sentence imposed upon him.
We have gone through the record of the case in the light of the argument addressed by the learned counsel for the appellant. The stolen property belonged to the Government and since there are no mitigating circumstances whatsoever, interference by this Court with the legal sentence awarded to the appellant would not be justified. The appeal is, therefore, dismissed.
S. Q. Appeal dismissed.
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