Case Details

Citation(s)
2022 SLG 3234 2022 SLD 3234 2022 PCRLJ 1476
Sindh High Court
Special Criminal A.T. Appeal No. 100 of 2020, decision Dated: 19th January, 2022.
MOHAMMED KARIM KHAN AGHA AND KHADIM HUSSAIN TUNIO, JJ
Raja Rashid Ali for Appellant. Abrar Ali Khichi, Additional Prosecutor General Sindh for the State.

ZAIN SHAHID

VS

The STATE

Law: Anti Terrorism Act, 1997

Section: 11-H,11-N,11-F(i)(ii)

(a) Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 11-H, 11-N 11-F(i)(ii)---Membership, support and meetings relating to a proscribed organization, fund raising, funding arrangements---Appreciation of evidence---Accused was charged for collecting the donation or funding amount for a proscribed organization being its member, which was used for terrorism activities all over the country and such like act fell within the ambit of Anti-Terrorism Act---First Information Report was lodged with promptitude on the basis of the accused being a member of a proscribed organization who was active in collecting funds for a terrorist organization---Accused had not denied that he was a member of a proscribed organization---Accused was arrested on the spot by the police on the basis of spy information and on his arrest a fund raising book with the title of ‘Daish Pakistan Funding For Jehad and Help Mujahideen’ containing 54 leaves with 08 receipts having been issued to different people with different amounts as mentioned on the counter foil of the receipt was recovered from him along with Rs. 1500 in three notes of 500 each and one ball point pen and the last three counter foils of the fund raising book all mentioned Rs. 500 each---Signature of accused was on the fund raising book which was sealed on the spot and kept in safe custody---Likewise the three Rs. 500 notes which tallied with the amounts on the last three counter foils of the fund raising book recovered from the accused---Arrest and recovery was made on the spot by the police whose evidence fully corroborated each other in all material respects as well as the prosecution case---Although no independent mashir was associated with the arrest and recovery of the accused and the fund raising book it had come in evidence that no independent person was available at the place of arrest and recovery---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---Appeal was dismissed accordingly. (b) Anti-Terrorism Act (XXVII of 1997)--- ----Ss. 11-H, 11-N 11-F(i)(ii)---Membership, support and meetings relating to a proscribed organization, fund raising, funding…
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