Law: Anti Terrorism Act, 1997

Section: 7

Law: Explosive Substances Act, 1908

Section: 4,5

Anti-Terrorism Act, 1997 (XXVII of 1997)-- ----S. 7--Explosive Substances Act, (VI of 1908), Ss. 4 5--Conviction and sentence--Challenge to--Allegation--Apprehended with explosive material--Even if prosecution evidence is admitted to be correct, presumption of guilt was dislodged from strong defence version, advanced during trial on behalf of appellant--Only to extent of defence version so put forth before learned Judge ATC--In this regard, Court have minutely examined defence version, detail o which is mentioned in Question No. 5 of appellant’s statement recorded u/S. 342, Cr.P.C.--From aforementioned documents it can well be extracted that appellant remained under confinement in Central Jail, Rawalpindi for sixty days under Section 3(1) of Maintenance of Public Order, 1960 but after expiry of such detention period he was not released which prompted appellant to file afore-said writ petition thus there was no occasion for recovery of explosive material etc from possession of appellant--Held: It is settled law that if, after an examination of whole evidence, Court is of opinion that there is a reasonable possibility that defence put forward by accused might be true, it will react on whole prosecution case and under these circumstances, accused is entitled to benefit of doubt, not as a matter of grace but as of right--Appeal allowed. [P. 582] A, B C 1935 Appeal Cases 462. JUDGMENT Ch. Abdul Aziz, J.--Irfan Ali (appellant) involved in case FIR No. 36/2019 dated 25.06.2019 registered under Sections 45 of the Explosive Substances Act, 1908 (hereinafter referred to as ‘ESA, 1908’) and Section 7 of Anti-Terrorism Act, 1997 at Police Station CTD, Faisalabad, was tried by learned Special Judge Anti-Terrorism Court, Sargodha, who vide judgment dated 03.06.2021 proceeded to convict him under Section 5 of ESA, 1908 and sentenced him to suffer rigorous imprisonment for 5-years along with forfeiture of whole of his property in terms of Section 5-A of the Act ibid in favour of the State. Benefit of Section 382-B, Cr.P.C. was also extended to the appellant. Being aggrieved from the afore-said conviction and sentence, the appellant filed the instant appeal. 2. Briefly stated…

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