MIR AKBAR vs THE STATE
This petition for leave to appeal arose from the conviction of the petitioner, Mir Akbar, by the S.D.M. Swabi under Section 14 of the Arms Ordinance, 1965, for the illegal possession of 14,500 rounds of .22 bore ammunition found in his vehicle. The conviction and a sentence of five years' rigorous imprisonment, along with the confiscation of the vehicle, were upheld by the Peshawar High Court. The core legal questions before the Supreme Court were whether the conviction was sustainable despite the absence of public witnesses and whether the sentence imposed was excessive. The Supreme Court held that the conviction was sound, noting that the petitioner's plea regarding the alleged misconduct of a police witness was not raised at trial and actually implied his culpability. Furthermore, the Court affirmed that the recovery of such a substantial quantity of ammunition negated claims of fabrication. Regarding the sentence, the Court held that it would not interfere with the quantum of punishment given the gravity of the offense, dismissing the petition for lack of merit.
- Does the absence of public witnesses in a midnight recovery of ammunition invalidate a conviction under the Arms Ordinance 1965?
- Will the Supreme Court interfere with the quantum of a sentence that is within the legal limits prescribed by statute?
- Can a defense plea regarding the misconduct of a prosecution witness be raised for the first time during a petition for leave to appeal?
- Section 14, Arms Ordinance 1965
ORDER
' MUHAMMAD AFZAL CHEEMA, J.-Mir Akbar petitioner was convicted by S. D. M . Swabi, under section 14 of the Arms Ordinance, 1965, having been found in possession of a huge quantity of .22 bore ammunition which he was carrying in his car No, S G-1493. The sentence of five years' R. T. Awarded to him besides the confiscation of the vehicle used in the commission of the crime was upheld in appeal by a learned Single Judge of the Peshawar High Court, vide order dated 13-94974 against which leave to appeal is sought in this petition.
2. On 19-5-1971, at about 11-30 p.m., Car No, SG-1493 driven by the petitioner was stopped by a Police party on picket duty near Jahangira Bridge, 8 miles from Police Station, Lahore, District Mardan. Twenty-nine packages containing 14,500 rounds of .22 bore were recovered from the car for which the petitioner could not produce a licence. The prosecution examined three Police Officers in support of its case, namely, Abdul Ghani, Head-Constable, C. I. A. Staff, Abdur Rauf, Sub- Inspector and Riaz Ali Shah, Assistant Sub-Inspector. It being a case of mid-night occurrence, no respectable member of the public was available to witness the recovery. The case of the petitioner at the trial was one of denial simpliciter and he led no evidence in defence.
3. In support of the petition, learned counsel half-heartedly tried to argue that Riaz Ali Shah, A. S. I.
(P. W. 3) was proceeded against department tally for having replaced the vehicle and let off the co-accused of the petitioner. This plea was never taken by the petitioner at the trial. Even otherwise, it lends implied support to his culpability. There could be hardly any question of fabrication of evidence and of planting such a huge quantity of ammunition. The petitioner was, therefore, rightly convicted. The submission made in the alternative was that the sentence was excessive. Normally, this Court does not interfere on the discretionary question of r quantum of sentence. Even otherwise, having regard to the quantity of the ammunition sought to be smuggled, the sentence is by no means excessive. The petition has no merit and is accordingly dismissed.