Law: Anti Terrorism Act, 1997

Section: 25,25(3)(1)

Law: Criminal Procedure Code (V of 1898)

Section: 410

Anti-Terrorism Act, 1997 (XXVII of 1997)-- ----Ss. 25, 25(3)(1)--Criminal Procedure Code, (V of 1898), S. 410--Conviction and sentence--Challenge to--Conducting of raid--Collection of funds for banned organization--Recovery of--Non-producing of documentary or oral evidence regarding link of accused with banned organization--Non-proving of charge by prosecution--Non-conducting of investigation regarding registration of recovered motorcycle--Undoubtedly, prosecution did not produce any piece of evidence, either documentary or oral, to establish link of Al-Rehmat Trust with Jaish-e-Muhammad--In this regard Court may refer deposition of S.I/complainant/Investigating Officer made in cross-examination that ‘I have not collected any notification disclosing that Al-Rehmat Trust is subsidiary body of Jasih-e-Muhammad-- Prosecution has not produced any notification that Al-Rehmat Trust was a banned organization or subsidiary body of Jaish-e-Muhammad, as such collection of funds, specifically on receipts of said Trust, in no manner constitutes any offence--Prosecution has also failed to make any nexus of allegedly recovered SIM card with appellant as neither complainant/ Investigating Officer bothered to collect its call data record nor verified that in whose name same were registered--It is, thus, evident that no investigation has been conducted from angle that in whose name motorcycle was registered and, as such, same cannot be connected against appellant in any manner whatsoever--Even otherwise, if number plate was tempered by mentioned some prohibited/objectionable words, it falls under domain of Motor Registration Authority and on that basis no case under Anti-Terrorism Act, 1997 could be registered against any individual--Prosecution has failed to bring on record any piece of evidence, which connect appellant with banned organization Jaish-e-Muhammad in any capacity--Court is surprised to note that how trial Court not matter but also awarded conviction against appellant against whom prosecution is standing with blank hands with no iota of evidence--No manner of doubt that prosecution has not been able to prove charge against appellant beyond shadow of reasonable…

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