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MUHAMMAD SALIM versus THE STATE


West Pakistan Arms Ordinance 1965 Section 13 Sentencing No previous offender 2 year jail sentence \ RI reduced to one year RI

1985 P Cr. L J 1259

[Lahore]

Before Muhammad Munir Khan, J

MUHAMMAD SALIM‑‑Petitioner

versus

THE STATE‑‑Respondent

Criminal Revision No.6 of 1985, heard on 23rd January, 1985.

West Pakistan Arms Ordinance (XX of 1965)‑‑

‑‑‑S.13‑‑Sentence‑‑Accused not a previous convict‑‑‑Sentence of 2 years' R.I. reduced to one year's R.I. in circumstances‑‑Accused not holding any licence for keeping gun‑‑Order of confiscation of gun not interfered with.

Ch. Muzammal Khan for Petitioner.

Sh. Muhammad Islam for the State.

Date of hearing: 23rd January, 1985.

ORDER

The facts giving rise to this revision are that Muhammad Salim petitioner was tried under section 13 of the Arms Ordinance, 1965 by Magistrate Ist Class, Narowal. On the conclusion of the trial, the petitioner was convicted and sentenced to 2 years' R.I. His appeal failed on 4‑11‑1984, hence this revision.

2. On 19‑1‑1985, after hearing the learned counsel for the petitioner, I had admitted the petition on the question of sentence alone. Today the learned counsel requested that the order to the extent of confiscation of gun be also set aside. In the circumstances of the case and the fact that the petitioner is not a previous convict, I feel inclined to reduce the sentence from 2 years to one year's R.I. As far the confiscation of gun, since admittedly the petitioner was not holding any licence for keeping that, therefore, I do not desire to interfere with the discretion exercised by the trial Court. The revision is disposed of accordingly.

M.A.K. Order accordingly.

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