Law: Explosive Substances Act, 1908

Section: 3,4

Law: Anti Terrorism Act, 1997

Section: 7

Law: Arms Ordinance (XX of 1965)

Section: 13(2)(b)

Explosive Substances Act, 1908 (XI of 1908)-- ----Ss. 3/4--Arms Ordinance, 1965, S. 13(2)(b)--Anti-Terrorism Act, 1997, S. 7--Acquittal of--No Rapt regarding departure of police officials raiding party from Police Station has been produced to prove said departure--No private witness has been associated with recovery proceedings, though (one of recovery witness) has clearly stated that some private persons were available at some distance--Prosecution itself has relied upon said report for proving its case against appellant and said report is regarding Kalashnikov which was having number, hence, this is such major contradiction, which cannot be digested by any means--Allegedly recovered Kalashnikov and live bullets were not sealed at spot--Very registration of this case is also raising eyebrows--Prosecution has failed to prove case regarding alleged recovery of Kalashnakov and live bullets from accused--Aquittal--Appeal was allowed. THIS JUDGMENT DELIVERED BY: FAROOQ HAIDER, J.- Instant Criminal Appeal has been filed by Sajjad Hussain alias Sajji appellant against impugned judgment dated 20.6.2017 passed by learned Special Judge, Anti-Terrorism Court, Dera Ghazi Khan, whereby appellant was convicted u/S. 13-2(b) of Arms Ordinance, 1965 and sentenced to imprisonment for four years R.I with fine Rs. 50,000/- and in default of payment of fine, to further undergo six months S.I; in case arising out of FIR No. 266 dated 10.8.2016 under Sections 3/4 Explosives Substance Act, 13-2(c) /XX/ 65 Arms Ordinance & 7 of AntiTerrorism Act, 1997, registered at Police Station Drahma, District D.G.Khan. 2. Brief facts of the case have been stated by Muhammad Ibrahim complainant PW-5 in his statement before the Trial Court, which is hereby reproduced for narration of the facts: "On oath states that on 10.8.2016, I was posted at Police Station Darahma and on the same day, I was present at Geedar Wala bypass along with police officials Khuda Bakhsh 400/C, Nadir Hussain 1099/C Muhammad Ismail 886C, Muhammad Naveed 1456/C on police Vehicle No. 640/DGK with driver Safdar Hussain 820/C for patrolling purpose. I received spy information that accused Abdul Rasheed Gindi PO of FIR No.…

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