AMEER BUX vs State S — 2023 PCrLJ 462 KARACHI-HIGH-COURT-SINDH

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AMEER BUX VS State S. 23(1)(a)--- Possession of illegal weapon--- Appreciation of evidence---Benefit of doubt---Prosecution case was that 12-bore pistol and two cartridges were recovered from the possession of the accused---Record reflected that police made no efforts to associate any private person to witness the recovery proceedings---Though the availability of private persons during morning hours around the place of recovery could not be ruled out---Provisions of S. 103, Cr.P.C., were not attracted to the case of personal search but in the present case, omission to take independent mashirs could not be brushed aside lightly---Preparation of ma?hirnama was not a formality but it's object was to prevent unfair dealings---Record showed that according to prosecution witnesses in the mashirnama it was mentioned that the pistol without number and two (02) cartridges were recovered from the possession of accused for which he had no licence---Description of the pistol and company of the cartridges had not been mentioned in the mashirnama---Property was also not marked by the Investigation Officer---Report of the Ballistic Expert reflected that the Expert had received five (05) cartridges along with pistol when only two (02) cartridges were secured from the possession of accused, according to the case of prosecution---As to how said three (03) more cartridges were sent to the Ballistic Expert had not been explained---Prosecution had no explanation for such ambiguity---Case property was sent to the Ballistic Expert through Police Constable but he had not been examined---Incharge of Malkhana was also not produced before the Trial Court to prove the safe custody and safe transmission of the weapon to the expert, which was the requirement of law---Circumstances established that the prosecution had failed to prove its case against the accused---Appeal against conviction was allowed, in circumstances.

AMEER BUX vs State S — 2023 PCrLJ 462 KARACHI-HIGH-COURT-SINDH

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