WAKEEL KHAN Versus THE STATE
ORDER
KHALIDA RACHID, J: -- This criminal appeal through jail tees from the judgment of the learned Sessions Judge, Swabi, dated 24-2-1994, whereby he convicted Wakeel Khan, appellant, under sections 13 and 14, Arms Ordinance and sentenced him to four years' R.I. and two years' R.I. respectively. Both the sentences were to run concurrently. However, the appellant was allowed the benefit of section 382-B, Cr.P.C.
2. Appellant Wakeel Khan alongwith others were charged under sections 13 and 14, Arms Ordinance on 11-11-1993 on the basis of F.I.R. No.16 under section 14 Arms Ordinance registered in Police Station Topi on 16-1-1993 for having been found in possession of two klashnikovs, two chargers, 20 cartridges, three pistols of .30 bore, 500 cartridges of .30 bore country-made and cartridges of .38 bore numbering 160 and "Pashpashans four in number alongwith foreign-made chargers, which they were transporting in Suzuki No.PRK-3086. The charge put to them was denied and they all pleaded not guilty.
3. The prosecution, to substantiate the charge, examined as many as six witnesses. P.W.1 Anwarzeb, M.I.C., Lahore had recorded the confessional statement of Mst. Baspari accused, wife of Muhammad Ismail (since acquitted) and Shakeel Khan, minor son of appellant Wakeel Khan (since acquitted) vide Exh.P.W.1/3 and Exh.P.W.1/6. P.W.2 Jan Muhammad, A.S.I., Police Station Topi on receipt of Murasila Exh.PA./1 registered the case vide F.I.R. Exh.PA. P.W.6, Noor Muhammad, S.H.O. Police Station Swabi, submitted complete challan in the Court against the accused. P.W.4 Sherin and P.W.5 Liaqat Ali are the police officials who were on duty at Pehur Check Post, on the day of occurrence. They stopped the Suzuki driven by appellant Wakeel Khan and accompanied by co-accused Mst. Baspari and Shakeel Khan (since acquitted). On search, arms and ammunition mentioned above were recovered from the secret cavities specially made therein. Since the accused failed to account for unlawful possession of the said arms and ammunition, they were accordingly apprehended and a case under section 14, Arms Ordinance was registered against them vide the Murasila Exh.PA./1. The accused when examined under section 342, Cr.P.C. denied the recovery of the arms and ammunition from the vehicle. Appellant Wakeel Khan in his statement on oath stated that he was going to Haripur to bring his ailing sister to Peshawar for medical treatment. On their way near Pahur Check Post P.W. Liaqat Ali who had previous enmity with him, stopped his vehicle and planted the said arms and ammunition. On consideration of the evidence on record, the learned Sessions Judge, Swabi, convicted the appellant Wakeel Khan being found in conscious possession of the illegal arms and ammunition hidden in secret cavities of his Suzuki which he was driving through Pehur Check Post. Co accused Shakeel Khan and Mst. Baspari were acquitted being not proved to be sharing common intention with the principal accused Wakeel Khan.
4. The learned counsel appearing for the appellant did not assail the conviction of the appellant. He argued that punishment awarded to the appellant is too excessive and the appellant has been in prison for about two years, his sentence may be reduced for the period already undergone by him.
5. The appellant was apprehended at the Pehur Check Post carrying substantial quantity of unlicensed weapon, mostly sophisticated arms like Pashpashan rifles which he had concealed in the specially designed secret cavities made in the floor in his Suzuki. The appellant, who is admittedly the resident of Peshawar, has intentionally made a detour to a longer route to avoid regular check posts at Khairabad and Attock.
6. Looking objectively at the whole operation carried out by the appellant Wakeel Khan to smuggle large quantity of illegal arms and ammunition worth thousands of rupees in a very professional manner by hiding them in a secret compartment specially designed for this purpose and selection of unusual route to escape special checking posts on the way to Punjab shows that he is a habitual trader of such business. His arrest is a small step to control growing availability of illicit weapons, which is a direct threat to public safety, tranquillity and maintenance of public order. The punishments are always I. considered deterrent for the criminals and such crimes which are eating the society like termites. Any consideration of leniency is like affirming the sympathies with the criminals. To us the sentence of four years awarded by the learned Sessions Judge, Swabi, is already taken a lenient view since the maximum punishment provided in the law for the offence with which the appellant is charged, is seven years. For the reasons given, we dismiss this appeal in limine.
N.H.Q./1629/P Appeal dismissed.