Law:

Section:

Constitution of Pakistan, 1973-- ----Art. 199--Anti-Terrorism Act, (XXVIII of 1997), Ss. 7 & 23--Explosive Substances Act, (VI of 1908), S. 5--Arms Act, S. 15--Constitutional petition--Jurisdiction of Special Court--Transfer of case for trial to ordinary Court--Transportation of huge quantity of arms ammunition and explosive substances--Recovery of kalashnikoves, magazines live rounds and explosive materials--Validity-When an offence committed by a person filed within definition of terrorism as envisaged in Section 6 of Anti-Terrorism Act, 1997, it would be triable by A.T.C.-Where an accused is found in possession of huge quantity of explosive substance, without any legal justification, his act must fall within meaning of Section 6(2)(ee) of Act because it creates serious risk to safety of public or a section of public and creates a distress and panic in masses--Possession of explosive substances without any lawful justification"--Possession of explosive substance without any legal justification would amount to an act of terrorism and thus would be triable by Anti-Terrorism Court. THIS ORDER PASSED BY: ROOH-UL-AMIN KHAN, JUSTICE:---.--- Shafiq, petitioner herein, through the instant constitutional petition under Article-199 of the Constitution of Islamic Republic of Pakistan, 1973, has called in question the order dated 13.10.2016 rendered by the learned Judge Anti-Terrorism Court-I, Peshawar, whereby the application filed by the petitioner under Section 23 of the Anti-Terrorism Act, 1997 for transfer of the case for trial to the Ordinary Court/Sessions Court, was dismissed. 2. As per prosecution case, on receipt of secret information regarding transportation of huge quantity of arms, ammunition and explosive substances, the local police made nakabandi at Achini Khwar, where a person having a sack on his shoulder arrived, who was apprehended onpointation of the informer. The search of the sack led to the recovery of two kalashnikoves, magazines containing 60 live rounds of 7.62 bore and explosive material weighing 3656 grams. The accused disclosed his name to be Shafiq s/o Habib Ur Rehman. Hence the FIR No. 113 dated 14.12.2015 under Section 7…

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