Marking a weapo.n as "P" is not mere a formality rather a duty cast upon the Court to inspect it in detail.

Practice of marking an article like rifle as ‘P’ on the recovery memo is not mere a formality rather being real evidence it must be shown to the witnesses to identify or comment upon it so as to facilitate the inspection of Court that this was the weapon used by the accused for commission of offence.

Proviso two to Article 71 of Qanun-e-Shahadat Order, 1984 obviously creates an exception to direct evidence and requires that if oral evidence refers to the existence or condition of any material thing other than document which of course includes weapons, stolen articles, implements, instruments, substance, vehicles and depending upon the nature of offence committed some of the spot recoveries like cigarette butts, packets, pen, mobile, bottles, crockery, utensils, stoves, gas cylinders etc., must be produced for the inspection of court. The words “for its inspection” referred in above proviso has wide connotation which requires a detailed examination of such article/material thing by the court and while relying upon such recovery court should also give its findings about such article. Rule 14-F of Chapter 24-B, Volume III of the Lahore High Court Rules and Orders

Court should have given finding with respect to description of weapon, its calibre and other necessary details so as to productively use this kind of evidence as corroboration to principal facts۔

Crl. Appeal 592-23
FAKHAR IQBAL SHAH VS
STATE ETC
Mr. Justice Muhammad Amjad Rafiq
01-10-2024
2024 LHC 4364