Law: Explosive Substances Act, 1908

Section: 4,5A

Law: Anti Terrorism Act, 1997

Section: 7(g)

Explosive Substances Act (XI of 1908)--- ----Ss. 4 & 5A---Anti-Terrorism Act (XXVII of 1997), S. 7(g)---Recovery of explosive substance---Reappraisal of evidence---Benefit of doubt---Recovery, proof of---Explosives weighing 15 kilograms along with detonators and electric fuses was alleged to have been recovered from accused persons while they were travelling in a bus, where one accused had dressed himself as a woman---Trial Court convicted accused persons and sentenced them to imprisonment for life but High Court reduced sentence of one accused to imprisonment for ten years---Validity---Despite extensive search, police could not be able to retrieve Bus tickets, a surer means within the realm of possibility, to establish journey of petitioners with the contraband---Intercepting accused attired in feminine garments by male personnel in presence of public without lady constable, was a story that could not be believed---Prosecution's reliance on statement of expert to establish explosive potential of the material was beside the mark in the face of admission by that witness that he was not an expert in the field and as such hardly in a position to drive home the charge---Imprisonment for life was quite a span and an accused could not be deprived of the best portion of his life on slipshod, incoherent and suspect evidence even in cases with heinous contours---Prosecution's case was not entirely free from doubt and it was unsafe to maintain the conviction---Supreme Court set aside the convictions and sentences awarded to accused persons and they were acquitted of the charge---Appeal was allowed. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, J.--- Muhammad Shahbaz Ali Khalid and Shujat Ali alias Tikka, while travelling in a public vehicle, were intercepted on 3.6.2009 within the precincts of Police Station Essakhel, District Mianwali; the former had deceitfully clad himself in a veil, however, exposed on search, with a suicide vest wrapped around his body; the explosive weighed 15 kilograms; Shujat Ali was found carrying five leads along with detonators and electric fuses; upon indictment, they claimed trial, culminating into their convictions under Section…

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