Law: Explosive Substances Act, 1908

Section: 3,4,5

Law: Frontier Crimes Regulation (III of 1901)

Section: 11

(a) Explosive Substances Act (VI of 1908)--- ----Ss. 3, 4 & 5---Frontier Crimes Regulation (III of 1901), Regln. 11 [since repealed]---Causing explosion likely to endanger life or property---Attempt to cause explosion---Making or possessing explosives under suspicious circumstances---Criminal reference to Council of Elders---Appointment of accused persons as Members of the Council of Elders---Maxim: Nemo judex in causa sua---Applicability---Accused was alleged to have caused explosion resulting in injury to several persons---Assistant Political Agent, on the opinion of Council of Elders, convicted the accused---Three co-accused persons, who were earlier arrested in the same case, were later on appointed as Members of Council of Elders and had given a verdict against the accused---Nothing was available on record to connect the accused with the commission of offence---Eye-witnesses of the occurrence were not examined in order to determine as to whether anyone was in fact injured or not---Members of the Council of Elders were made Judges not only against the accused but in fact they had become Judges for themselves which was against the basic principle of natural justice and Maxim: Nemo judex in causa sua that no person could judge a case in which he had an interest---Prosecution had not been able to prove its case against the accused beyond reasonable doubt---Appeal was allowed, resultantly, the conviction and sentences were set aside. Government of N.W.F.P. v. Hasan Ahmad Haroon 2003 SCMR 104 and In Suo Motu Case No. 4 of 2010-P of 2012 PLD 2012 SC 553 rel. (b) Maxim--- ----Nemo judex in causa sua---Scope---No person can judge a case in which he has an interest. Government of N.W.F.P. v. Hasan Ahmad Haroon 2003 SCMR 104 and In Suo Motu Case No. 4 of 2010-P of 2012 PLD 2012 SC 553 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD NAEEM ANWAR, JUSTICE:---.---Appellant through this criminal appeal has questioned the judgment dated 04.9.2015 of Assistant Political Agent/ADM, Lower Orakzai, whereby he was convicted and sentenced under sections 3/4/5 of the Explosives Act, 1908 along with section 11 of the Frontier Crimes Regulation, 1901 for seven (07) years rigorous…

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