Law: Anti Terrorism Act, 1997

Section: 7(ff)

Law: Arms Ordinance (XX of 1965)

Section: 13-E

Law: Criminal Procedure Code (V of 1898)

Section: 161,340(2),342,382-B

Law: Explosive Substances Act, 1908

Section: 5

Anti-Terrorism Act, 1997 (XXVII of 1997) -- ----S. 7(ff)--Explosive Substances Act, 1908, S. 5--Arms Ordinance, 1965, S. 13-E--Conviction and sentence--Challenge to--Allegedly recovered Hand Grenade and T.T. pistol from possession of appellant were not sent to Ballistic/Forensic Expert, whereas as per admitted principles of law in arms and explosive cases, conviction can only be awarded and maintained if allegedly recovered arm and hand grenade were sent to Forensic/Ballistic Expert is produced on record to prove that T.T. pistol was in running condition as well as Hand Grenades contained explosive material--Even otherwise, I.O. called Technical Team, but there is no report of Technical Team establishing fact recovered Hand Grenades were defused--In absence of any incriminatory evidence, it cannot be presumed that Hand Grenades were contained explosive/substance--Besides, no prosecution sanction was obtained from Home Department, which is mandatory in law provided in Explosive Substance Act--All above infirmities have created sufficient doubts in case of prosecution and under law appellant is entitled to get benefit of same, but same was not extended in his favour by trial Court--Judgment of trial Court suffers from misreading and mis-appreciation of evidence available on record--Appeal was accepted. THIS JUDGMENT DELIVERED BY: ABDULLAH BALOCH, J.- This judgment disposes of Criminal Appeal No.(S)189 of 2017 filed by the appellant Peeral alias Attur son of Ghulam Nabi, against the judgment dated 2nd December 2017, (hereinafter referred as "the impugned judgment") passed by learned Special Judge. Anti-Terrorism Court Dera Allah Yar (hereinafter referred as, "the trial Court"), whereby the appellant, was convicted under Section 7(ff) of Anti-Terrorism Act, 1997 (hereinafter referred as, "ATA of 1997" and sentenced to suffer R.I for fourteen (14) years; under Section 13-E of Arms Ordinance, 1965 and sentenced to suffer Six (06) Months R.I. with fine of Rs.5000/- and in default thereof to further suffer fifteen (15) days S.I., with the benefit of Section 382-B, Cr.P.C. 2. Facts of the case are that on 22nd December 2015, the complainant Akhtar Ali. SI/ASHO lodged…

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