| Citation(s) |
|---|
| 2020 SLG 1589 2020 SLD 1589 2020 1215 |
Criminal Appeal No. 417-ATA of 2018/BWP, hearing & decision Dated: 16-01-2020
SARDAR MUHAMMAD SARFRAZ DOGAR, JUSTICE TARIQ SALEEM SHEIKH, JUSTICE
Syed Zeeshan Haider and Mian Izhar Hussain for Appellant. Asghar Ali Gill, Deputy Prosecutor-General for the State.
SHAMEER
VS
THE STATE AND OTHERS
Law: Anti Terrorism Act, 1997
Section: 11-F,11-G,11-N
Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 11-F, 11-G & 11-N---Membership, support and meetings relating to a proscribed organization, uniform---Appreciation of evidence---Scope---Prosecution case was that accused being a member of the proscribed organization was collecting funds for its financial support---Complainant on receiving the information had given a marked note to a constable and had sent him as decoy---Prosecution case was silent as to how did the constable identify the accused because none of the witnesses had deposed that the informer had accompanied him---Accused had allegedly issued two receipts for one transaction---Names of constable were not written on the receipts---Eighteen leaves were used from the receipt book and the perusal of the counterfoils showed that neither date nor amount nor names of the donors were mentioned on as many as fifteen counterfoils---Receipts allegedly issued by the accused were not sent to the handwriting expert for confirmation---Investigating officer had not probed as to from where the accused got the receipt books---No evidence was available to prove that the accused had ever remitted any money to the organization or spent it for promotion of it's objects---Prosecution had not produced any evidence which showed that the accused had ever contacted any of the known activists of the proscribed organization by phone or otherwise---Appeal was accepted, in circumstances. THIS JUDGMENT DELIVERED BY: TARIQ SALEEM SHEIKH, JUSTICE:---.--- This appeal is directed against judgment dated 31.05.2018 passed by the learned Judge, Anti-Terrorism Court, Bahawalpur Division, Bahawalpur, in case FIR No.7/2018 dated 16.3.2018 registered at Police Station CTD, Multan, for offences under sections 11-F(2), 11-F(6), 11-G and 11-N of the Anti-Terrorism Act, 1997. 2. Brief facts of the case are that on 16.3.2018 Complainant Muhammad Mumtaz 701/CPL (PW-2) was on patrol duty with Abdul Mannan 1168/CPL (PW-3), Muhammad Asif 700/CPL (given up) and other members of the operation team of the Counter Terrorism Department (CTD). They were present at Zahir Pir Chowk when he received a source information that a man belonging to a proscribed…
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