Case Details

Citation(s)
2023 SLG 2295 2023 SLD 2295 2023 YLR 2038
Sindh High Court
Special Criminal Anti-Terrorism Appeals Nos. 212 to 214 of 2019, decided on 17th December, 2021.Date of hearing: 15th December, 2021.
Before Mohammad Karim Khan Agha and Arshad Hussain Khan, JJ
Nasir Mahmood for Appellant. Saadat Ali, Special Public Prosecutor Rangers for the State. Muhammad Iqbal Awan, Additional Prosecutor General Sindh for
Respondent.

ZAHEER AHMED alias GUL---Appellant

VERSUS

The STATE---Respondent

Law: Explosive Substances Act, 1908

Section: 4&5

(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---FIR was lodged with promptitude---Scope---Prosecution case was that one Hand Grenade and one pistol of .32-bore along with loaded magazine having three live rounds were recovered from the possession of the accused---Record showed that the complainant recorded his statement under S. 154, Cr.P.C. on the spot immediately after the arrest and recovery which was lodged as FIR with promptitude---Complainant thus had no time to cook up a false case with the police in order to falsely implicate the accused---Accused had been named in the FIR with a specific role---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---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---Prosecution case was that one Hand Grenade and one pistol of .32-bore along with loaded magazine having three live rounds were recovered from the possession of the accused---Record showed that the complainant as recorded in the FIR had received spy information that the accused was selling weapons and narcotics from his house which turned out to be correct as when the rangers and the police raided the house of accused, they found arms, ammunition, explosives, charas and money in different currencies---Accused was arrested red handed on the spot from his house from where large recoveries of arms, ammunition and charas were made---On his arrest on the spot, accused was also found to be in possession of an unlicensed pistol and a hand grenade for which he did not have a permit---Accused was also a serving police officer which would enable him to keep large caches of weapons without undue suspicion---On his arrest on the spot the accused immediately took the rangers and police…
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