Case Details

Citation(s)
2022 SLG 2044 2022 SLD 2044 2022 PLJ 1225
Lahore High Court
Crl. A. No. 39970 of 2019, heard on 22.12.2021. hearing date: 22.12.2021.
CH. ABDUL AZIZ AND MUHAMMAD AMJAD RAFIQ, JJ.
Mr. Javaid Iqbal Malik, Advocate for Appellant. Rai Akhtar Hussain, Deputy Prosecutor General for State.

MUHAMMAD BILAL MAKKI

VS

STATE and another

Law: Anti Terrorism Act, 1997

Section: 8,9,11-F(5),11-H,11-I,11-J,11-N

Anti-Terrorism Act, 1997 (XXVII of 1997)-- ----Ss. 8, 9, 11-F(5), 11-H, 11-I, 11-J 11-N--Conviction and sentence--Challenge to--CTD officials received secret information--An activist of prescribed organization ‘Jaish-e-Muhammad’ was present their and collecting funds for said banned organization--Though receipt (P.7) was issued by appellant and it was exhibited during trial but was not sent to office of PFSA for comparison of appellant’s signatures--Secondly, during investigation no effort whatsoever was made by Investigating Officer to gather data with regard to publisher from whom alleged receipts were got published by appellant--Thirdly, it is noted by us that matter was thoroughly investigated by CTD Officer but no effort whatsoever was made to trace identification of 16-others, who donated funds to proscribed organization, ‘Jaish-e-Muhammad’ and also got issued receipts in this regard--We are not oblivious of fact that simple possession of a receipt is not an offence u/S. 11 -F (6) of ATA, 1997 rather a person who makes this payment is also guilty of offence mentioned in foregoing provisions--From possession of appellant two books titled as ‘Shia Ki Chalis Kufria Ibarat’ were recovered but prosecution did not adduce any evidence that said books were either prepared by accused or being prescribed book he was selling same as book allegedly bought by decoy witness 166/Corp (PW.3) was never exhibited during trial--It needs no mention that mere possession of afore-mentioned book does not constitute an offence--Appeal accepted by giving benefit of doubt. [Pp. 1228 1229] A B JUDGMENT Ch. Abdul Aziz, J.--Muhammad Bilal Makki (appellant) involved in case FIR No. 13/2019 dated 12.04.2019 registered under Sections 11-F (5), 11-H, 11-I, 11-J, 11-N, 89 of Anti-Terrorism Act, 1997 at Police Station CTD, Gujranwala, was tried by learned Judge Anti-Terrorism Court-II, Gujranwala. Trial Court vide judgment dated 31.05.2019 proceeded to convict and sentence the appellant in the following terms: (i). Under Section 8 read with Section 9 of ATA, 1997 to suffer rigorous imprisonment for 1-year with fine of Rs. 10,000/-and in default whereof to further undergo 1-month SI; (ii).…
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