INAYAT ULLAH KHAN vs THE STATE
This matter originated as a petition for leave to appeal against an order passed by a learned Single Judge of the Lahore High Court in a criminal revision proceeding. The petitioner challenged the affirmation of his conviction and sentence under the Arms Ordinance, 1965, for the offense of carrying an unlicensed .303 rifle and three live cartridges. The core legal question presented to the Supreme Court concerns the proportionality and legality of the sentence of four years' rigorous imprisonment, along with a fine, imposed by the trial court for the aforementioned offense. Upon hearing the petitioner's counsel, who contended that the awarded sentence was neither just nor proper, the Supreme Court found sufficient grounds to grant leave to appeal. The Court held that it is necessary to examine whether the sentence imposed by the trial court was justified and aligned with the legal principles previously enunciated by the Supreme Court. Consequently, leave to appeal was granted to deliberate on the appropriateness of the sentencing in light of established jurisprudence.
- Is a sentence of four years' rigorous imprisonment for carrying an unlicensed .303 rifle and three live cartridges legally justified?
- Does the sentence imposed by the trial court align with the legal principles of sentencing enunciated by the Supreme Court?
- Section 13, Arms Ordinance 1965
ORDER
' AJMAL MIAN, J.---This is a petition for leave to appeal against the order dated 10-7-1993 passed by a learned Single Judge of the Lahore High Court in Criminal Revision No,167 of 1993 filed by the petitioner whereby the learned Judge in Chambers has affirmed the conviction and sentence awarded under section 13 of Arms Ordinance No,XX of 1965 for carrying an unlicensed rifle. The petitioner has, therefore, filed present petition for leave to appeal.
2. In support of the above petition we have heard Mr.S.Abul Aasim Jafri, learned A.O.R., who has submitted that the sentence of four years' R.I. Besides fine awarded by the learned Trial Court for carrying a rifle .303 and three live cartridges is not just and proper.
3. We are inclined to grant leave to consider, whether the above sentence was justified and was in accordance with the law as enunciated by this Court. Leave is accordingly granted.