Law: Criminal Procedure Code (V of 1898)

Section: 103

Law: Explosive Substances Act, 1908

Section: 5

Law: Anti Terrorism Act, 1997

Section: 7

(a) Criminal Procedure Code (V of 1898)--- ----S. 103--- Recovery proceedings---Associating of witnesses---Scope---Provision of S.103, Cr.P.C. enjoins officer or other person, who wants to make search of a place, to call upon before making the search, two or more respectable inhabitants of the locality to attend and witness the search---Purpose of the same is to prevent chicaneries of police. (b) Explosive Substances Act (XI of 1908)--- ----S.5---Anti-Terrorism Act (XXVII of 1997), S. 7---Explosive substance, recovery of---Appreciation of evidence---Complainant as investigation officer---Benefit of doubt---Accused was arrested for recovery of explosive substance from him---Complainant himself was investigation officer and his investigation was biased and a mockery---Though police officer was not prohibited under law to be a complainant if he was a witness to commission of an offence and also to be an investigation officer, so long as it did not in any way prejudiced the accused person---Court was required to appraise evidence produced by prosecution as a whole and to form opinion after evaluating the same---Seizing officer excluded independent persons to act as witnesses of arrest and recovery and to choose two of his subordinates to act as attesting witnesses---Contradictions existed among statements of witnesses and investigation was by an officer who was not competent to do so---Expert report was issued by a person not notified by Provincial or Federal Government and seizing officer himself acted as investigation officer---High Court set aside conviction and sentence awarded to accused and acquitted him of the charge---Appeal was allowed in circumstances. The State v. Bashir and others PLD 1997 SC 408 rel. JUDGMENT MUHAMMAD HASHIM KHAN KAKAR, JUSTICE:---.--- This appeal assails judgment, dated 30-12-2019, passed by the learned Special Judge Anti-Terrorism, Loralai, whereby the appellants Ahmed Shah and Abdul Wali stand convicted of having committed the offence contemplated under section 5 of Explosive Substances Act, 1908 and stand sentenced, for the said offence, to 5 years, rigorous imprisonment with benefit of section 382-B, Cr.P.C. 2. Brief facts of the…

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