| Case ID |
e007d74f-e7b7-42f7-8421-f6ecbf490f80 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Petition for Leave to Appeal No. 4-Q of 1 |
| Decision Date |
Aug 20, 1990 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan refused leave to appeal against the judgment of the High Court of Balochistan, which maintained the conviction and sentence of the petitioner under section 13-E of the West Pakistan Arms Ordinance, 1965. The court found that the evidence presented by the prosecution, particularly the testimony of police officers, was credible and sufficient to establish the facts of the case. The court noted that no expert evidence was necessary to prove the nature of the recovered live bullets, as their characteristics were clear and undisputed. The defense's claims regarding the lack of public witnesses and the inability of the petitioner to understand the court proceedings were also addressed, with the court concluding that the interests of the petitioner were safeguarded. Ultimately, the petitioner's request for probation was denied, and he was required to serve the unexpired sentence. |
| Summary |
In the case concerning ZARDAD vs. THE STATE, the Supreme Court of Pakistan evaluated the conviction of the petitioner under the West Pakistan Arms Ordinance for possession of live bullets of a prohibited weapon. The court found that the evidence from police officers was credible and sufficient to uphold the conviction, stating that the characteristics of the bullets did not require expert verification. The court also addressed the petitioner's claims regarding language barriers and the absence of public witnesses, ultimately determining that these factors did not compromise the fairness of the trial. The decision emphasized the importance of credible testimony from law enforcement while maintaining that the absence of public witnesses does not invalidate the recovery of evidence. The court denied the petitioner's appeal and required him to serve his sentence, reinforcing the legal standards applicable in cases involving prohibited arms. This case highlights critical aspects of criminal procedure and evidentiary standards in Pakistan, including the roles of police testimony and the necessity of expert evidence in establishing the nature of recovered items. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFIUR RAHMAN,
ABDUL QADEER CHAUDHRY,
AJMAL MIAN
|
| Lawyers |
Mr. Khalid Malik
|
| Petitioners |
ZARDAD
|
| Respondents |
THE STATE
|
| Citations |
1991 SLD 974 = 1991 SCMR 458
|
| Other Citations |
Not available
|
| Laws Involved |
West Pakistan Arms Ordinance, 1965,
Constitution of Pakistan, 1973,
Criminal Procedure Code, 1898
|
| Sections |
13-E,
185(3),
103
|