Case Details

Citation(s)
2023 SLG 2081 2023 SLD 2081 2023 YLR 1299 2023 SLD
Sindh High Court
Special Criminal Anti-Terrorism Appeals Nos. 171, 172, 173 and 174 of 2020, decided on 1st April, 2021. Date of hearing: 26th March, 2021.
Before Mohammad Karim Khan Agha and Abdul Mobeen Lakho, JJ
Muhammad Khalid, Shah Jahan Hanif and S. Faiz Ali for Appellants. Zafar Ahmed Khan, Additional Prosecution General Sindh for State/
Respondents

NAJEEBULLAH and another---Appellants

VERSUS

The STATE---Respondent

Law: Explosive Substances Act, 1908

Section: 4,5

Law: Sindh Arms Act, 2013

Section: 23(1)(a)

Law: Anti Terrorism Act, 1997

Section: 7

(a) Explosive Substances Act (VI of 1908)--- ----Ss. 4 & 5---Sindh Arms Act (V of 2013), S. 23(1)(a)---Anti-Terrorism Act (XXVII of 1997), S. 7---Recovery of explosive substance and firearms, act of terrorism---Appreciation of evidence---Prosecution case was that pistols with two live bullets and hand grenades were recovered from the possession of the accused persons---Allegedly no private person was associated as mashir to witness the arrest and recovery---Complainant in his evidence had stated that it was night time i.e. 01.45 a.m. and due to such odd hours of the night, none was present there such contention had no force---Accused were caught red-handed and even the car they were riding in was recovered, which had fake number plates---Circumstances established that findings of guilt rendered by the Trial Court against the accused did not suffer from any infirmity---Appeal, against conviction was dismissed accordingly. (b) Explosive Substances Act (VI of 1908)--- ----Ss. 4 & 5---Sindh Arms Act (V of 2013), S. 23(1)(a)---Anti-Terrorism Act (XXVII of 1997), S. 7---Recovery of explosive substance and firearms, act of terrorism---Appreciation of evidence---Discrepancies in the prosecution case---Scope---Prosecution case was that pistols with two live bullets and hand grenades were recovered from the possession of the accused persons---With regard to the contention of the defence that there was a discrepancy in the colour of the hand grenades, record showed that the description of the hand grenades was available in the mashirnama of arrest and recovery and the same matched with the Clearance Certificates issued by the Bomb Disposal Unit, so also detailed reports of Bomb Disposal Unit were also in line with the prosecution case---Even otherwise a mere discrepancy in the colour of hand grenades was not fatal to the prosecution case, especially when the recovery was effected from the accused at the odd hours of the night---Appeal against conviction was dismissed, in circumstances. Zakir Khan and others v. The State 1995 SCMR 1793 rel. (c) Explosive Substances Act (VI of 1908)--- ----Ss. 4 & 5---Sindh Arms Act (V of 2013), S. 23(1)(a)---Anti-Terrorism Act…
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