MUNEER MALIK vs State S — 2022 SCMR 1494 SUPREME-COURT

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MUNEER MALIK VS State S. 13(e)---Unlicensed possession of arms, etc.---Reappraisal of evidence---Joint recovery of weapons of offence---Crime empties neither kept in safe custody nor sent to Chemical Examiner immediately after recovery---Recoveries inadmissible in evidence---Recovery memo and site plan reveal that accused persons while in police custody jointly led to the recovery of weapons of offence i.e. one Kalashnikov and a T.T. Pistol from a fish pond, which in all eventualities was an open place---Nothing had been mentioned as to which of the accused persons had first led to the recovery or pointed out the place of recovery and in absence of the same, joint recovery of weapons of offence was of no evidentiary value---Furthermore, the record shows that eight empties of Kalashnikov and six empties of T.T. pistol were recovered from the scene of occurrence on the same day through recovery memo but the said crime empties were neither kept in safe custody nor sent to Chemical Examiner immediately after recovery---Weapons of offence and the crime empties were jointly sent to the office of Chemical Examiner after a delay of more than two months for which no plausible explanation had been given by the prosecution---In these circumstances the recoveries were inadmissible in evidence and could not be relied upon to sustain conviction of the accused persons---Appeals were allowed and conviction and sentences of accused persons under section 13(e) of the Pakistan Arms Ordinance, 1965 were set aside. Head NotesCase Description Citation Name: 2022 SCMR 1494 SUPREME-COURTBookmark this Case MUNEER MALIK VS State S. 7---Penal Code (XLV of 1860), Ss. 302(b), 324 & 34---Murderous assault---Occurrence taking place due to scuffle between children---Occurrence result of personal vendetta---No premeditation for the assault---Specific motive to create terror or insecurity amongst the society lacking---Provision of section 7 of the Anti-Terrorism Act, 1997 would not be attracted in such circumstances. Head NotesCase Description

MUNEER MALIK vs State S — 2022 SCMR 1494 SUPREME-COURT

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