Law: Anti Terrorism Act, 1997

Section: 6,7,8

Law: Khyber Pakhtunkhwa Arms Act, (XXIII of 2013)

Section: 15,17

(a) Anti-Terrorism Act (XXV of 1997)--- ----Ss. 6, 7 & 8---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), Ss. 15 & 17---Possession of un-licensed manufacture, sale or repair of arms and ammunition, unauthorized transportation of arms and ammunition, unlicensed possession of arms and ammunition terrorism--- Appreciation of evidence--- "Terrorism"---Essential ingredients---Complainant (police) alleged that they received information about transportation of a huge lot of arms and ammunitions by a car which was apprehended and recovery of ammunition was made from its secret cavities---Effect---Mere recovery of huge quantity of ammunition without producing the cogent and concrete evidence showing that accused belonged to a terrorist organization would not saddle accused for commission of an offence attracting "terrorism"---Ingredients for determination of offence of terrorism were first taking of action specified in S. 6(2) of Anti-Terrorism Act, 1997, second action committed with design, intention and mens rea and third causing intimidation, awe, fear and insecurity in the public or society---All such ingredients were not attracted to the facts and circumstances of present case---Prosecution had based its opinion with regard to use of ammunition for the purpose of terrorist activities merely on assumption and presumption which in the given circumstances could not be acceded to---Appeal was allowed and case was remanded accordingly for decision afresh. (b) Anti-Terrorism Act (XXV of 1997)--- ----S. 6--- "Terrorism"--- Scope--- Essential ingredients--- Three ingredients for determination of offence of terrorism were (i) taking of action specified in S. 6(2) of Anti-Terrorism Act, 1997 (ii) action committed with design, intention and mens rea (iii) causing intimidation, awe, fear and insecurity in the public or society. THIS JUDGMENT DELIVERED BY: ROOH-UL-AMIN KHAN, J.--- This criminal appeal calls in question the judgment dated 30.5.2016 rendered by learned Judge, Anti-Terrorism Court-II, Peshawar, whereby the appellant was convicted under section 15 of Khyber Pakhtunkhwa Arms Act, 2013, and sentenced to two years' RI. He was also convicted under section 17 of…

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