Law: Explosive Substances Act, 1908

Section: 4,5A

Law: Anti Terrorism Act, 1997

Section: 7

Explosive Substances Act, 1908 (XI of 1908)-- ----Ss. 4 & 5-A--Anti-Terrorism Act, (XXVII of 1997), S. 7--Conviction and sentence--Challenge to--Benefit of doubt--Trial Court had also framed the same charges as against the co-accused of the appellant (Since acquitted)--There was doubt as to the participation of the co-accused and the prosecution had failed to proves its case against the said accused--A common set of witnesses can be used for recording acquittal and conviction against the accused persons who were charged for the commission of same offence, is now well settled proposition--13 detonators allegedly recovered from the appellant, were not sent to the Punjab Forensic Science Agency, therefore, in absence of such a report the case against the appellant to the extent of detonators is doubtful--Commander Bomb Disposal Squad (PW), further stated, that his statement was not recorded by the Investigation Officer--It leads to this irresistible conclusion that all the proceedings, as conducted by Commander Bomb Disposal Squad (PW), were in the absence of the appellant--Both the verification certificate as issued by Commander Bomb Disposal Squad have been prepared on plain paper and not on a printed form, do not bear the FIR number of the case nor the names of any of the accused--Both the verification certificates have not been signed by the Investigating Officer or any other witnesses of the case who allegedly were present at the time of the preparation of these certificates--Both are bereft of any detail regarding the time as to when they were prepared and issued--There is also no mention of the colour or any identifying marks so as to distinguish between the two grenades or to identify them independently as per the verification certificates--Perusal of the verification certificate reveals that out of the said 60 gram of explosive only 3 grams was taken out without mentioning the exact protocols which were followed for doing the same--There is also no explanation as to what happened to the remaining 57 grams of the explosive charge--Three grams of explosive taken out of the grenade was packed separately in jars for onward transmission to the Punjab…

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