Law: Explosive Substances Act, 1908

Section: 3,4,5

Law: Criminal Procedure Code (V of 1898)

Section: 103,342

Law: Sindh Arms Act, 2013

Section: 23(1)(a),25(i)A

Explosive Substances Act (VI of 1908)--- ----Ss. 3 & 4---Sindh Arms Act (V of 2013), S. 25(i)A---Recovery of explosive substances and automatic rifle---Appreciation of evidence---Benefit of doubt---Disclosures by accused---Proof---Benefit of doubt---Accused was arrested by Rangers and then the custody was handed over to local police---Accused was convicted and sentenced to imprisonment for fourteen years by Trial Court for recovery of explosive substances and Kalashnikov Sub-Machine Gun---Validity---No entry existed at police station showing that before the accused had left police station accompanied by police he did so in order to show the police the hidden arms and explosives at the address of vacant plot---Such omissions had raised doubts in prosecution case---Unexplained delay of eight months in dispatching recovered explosives to National Forensic Science Agency for chemical analysis and during such period there was no evidence that the explosive substance was kept in safe custody---No design or intention to create any terror existed and accused was entitled to benefit of doubt---High Court set aside conviction and sentence awarded to accused and acquitted him of the charge as prosecution had failed to prove its case against accused---Appeal was allowed accordingly. Ajab alias Rajab and another v. The State 2004 MLD 180 and Shamsud Doha v. The Sate 2005 PCr.LJ 310 ref. Pardumen Manji v. State of Jharkhand 2011 Cri.LJ 1604 and Tariq Pervez v. The State 1995 SCMR 1345 rel. THIS JUDGMENT DELIVERED BY: MOHAMMAD KARIM KHAN AGHA, J.--- By this common judgment we propose to dispose of the above two Criminal Appeals. The appellant in the instant appeals has assailed the common judgment dated 15.01.2018 passed by Anti-Terrorism Court No.II, Karachi in Spl. Case No.794/2016 and 795/2016 (the impugned judgment)whereby the appellant was convicted under Sections 4/5 of the Explosive Substances Act, 1908 sentenced to suffer R.I. for 14 years. The appellant was also convicted and sentenced to suffer R.I. for 7 years under section 23(1)(a) of S.A.A., 2013 with fine of Rs.25000/- and in failure to do so the appellant has to undergo further six months R.I. 2. The brief…

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