| Citation(s) |
|---|
| 2018 SLG 289 2018 SLD 289 2018 SCMR 495 |
Criminal Appeal No. 218 of 2015 and Jail Petitions Nos. 249 and 454 of 2015, decision & hearing Date : 30-11-2017. (On appeal from the judgment Dated 27.1.2015 passed by the Lahore High Court, Rawalpindi Bench in Crl. Appeal No. 706-T of 2010 and Crl. Appeal No. 707-T of 2010)
ASIF SAEED KHAN KHOSA, JUSTICE, DOST MUHAMMAD KHAN, JUSTICE, MAZHAR ALAM KHAN MIANKHEL, JUSTICE
Basharatullah Khan, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Appellants (in Crl. A. No.218/15). Nemo for Petitioners (in both cases). Muhammad Jaffar, DPG, Punjab for the State.
INTEKHAB AHMAD ABBASI AND OTHERS
VS
THE STATE AND OTHERS
Law: Penal Code (XLV of 1860)
Section: 120-B,420,468,471
Law: Anti Terrorism Act, 1997
Section: 7
Law: Explosive Substances Act, 1908
Section: 4,5
(a) Penal Code (XLV of 1860)--- ----Ss.120-B, 420, 468 & 471---Anti-Terrorism Act (XXVII of 1997), S. 7---Explosive Substances Act (VI of 1908), Ss. 4 & 5---Possessing explosives to carry out terrorist activities---Re-appraisal of evidence---Benefit of doubt---Accused persons were alleged to have hatched a conspiracy to kill the Chief of Army Staff but before they could execute their plan they were arrested from a parking lot and upon the search of their vehicles explosive material was found therein---Arrest of the accused persons from the parking lot appeared to be doubtful---Large contingent of police raided the parking lot, surrounded it from all four corners and during the arrest, recovery and seizure proceedings not a single public witness was associated---Even the owner of the car park, caretaker/manager and particularly the watchman, who was deputed for looking after parked vehicles was not available as witness---Police contingent remained on the crime scene for many hours but none of them was available as witness---Register maintained for the entries about the parked vehicles and its particulars was not taken into possession rather it was arranged after many days---Said register contained lose sheets, blank pages and some sheets were half filled---Courts below had rightly discarded said primary piece of evidence---Accused persons suffered many injuries during their custody which raised the inference that they were tortured---Potassium chloride recovered from the accused persons became a high intensity explosive substance only after being mixed with certain other substances, therefore, question was as to whether potassium chloride on its own could be termed as a high intensity explosive substance---Within no time after the arrest of the accused persons 'murasla report' was sent for registration of the case and S. 120-B, P.P.C. was also inserted therein, when by then, the accused were neither interrogated nor they had disclosed about the place, time where they hatched the conspiracy---Offence under S. 120-B, P.P.C., thus, remained unestablished---Question as to how the accused persons knew about the layout plan and about the location of the office…
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