| Case ID |
3805c730-3b5b-4680-b8eb-8f355ea0ce26 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Reference No. 52 of 1967 |
| Decision Date |
Feb 26, 1968 |
| Hearing Date |
|
| Decision |
The conviction of Muhammad Siddique under section 13(d) of the Arms Ordinance was reviewed due to a recommendation from the District Magistrate, Dadu. The original sentence of imprisonment until the rising of the court and a fine of Rs. 200 was deemed inadequate. The court found that the trial magistrate had no discretion in sentencing and was required to impose a minimum of one year for possession of unlicensed firearms. The court accepted the reference, enhancing the sentence to 12 months' rigorous imprisonment, while allowing the time spent in jail since May 27, 1967, to count towards this sentence. The decision reflects a strict adherence to legal provisions concerning firearms possession. |
| Summary |
In the case of Muhammad Siddique vs. The State, the Sindh High Court addressed a significant issue regarding the possession of unlicensed firearms under the West Pakistan Arms Ordinance. The court examined the inadequacy of the initial sentence imposed by the trial court, which was merely a fine and a short period of imprisonment. The judgment emphasized the mandatory nature of the law, which requires a minimum punishment of one year for such offenses. The court's decision to enhance the sentence to 12 months of rigorous imprisonment signifies the judiciary's commitment to upholding the law and deterring illegal possession of firearms. This case serves as a crucial reference for future cases involving similar legal provisions, ensuring that the legal framework is enforced effectively. Keywords: possession of unlicensed firearms, West Pakistan Arms Ordinance, legal provisions, mandatory sentencing, firearms law enforcement. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
FEROZE NANA GHULAMALI, J
|
| Lawyers |
Learned counsel for the State
|
| Petitioners |
The State
|
| Respondents |
Muhammad Siddique
|
| Citations |
1969 SLD 821,
1969 PCRLJ 66
|
| Other Citations |
State v. Farman Shah (P L D 1967 Pesh.299)
|
| Laws Involved |
West Pakistan Arms Ordinance
|
| Sections |
13(d)
|