| Citation(s) |
|---|
| 2024 SLG 5086 2024 SLD 5086 2024 PCRLJ 1579 |
Lahore High Court
Criminal Appeals Nos. 10214 and 12109 of 2022, decided on 15th March, 2024.
Before Farooq Haider, J
Rana Maqsood-ul-Haq, Arif Mehmood Rana, Muhammad Tayyab and Adil Riaz for Appellant (in Criminal Appeal No. 10214 of 2022). Asif Javed Qureshi and Fahad Javaid Qureshi for Appellant (in Criminal Appeal No. 12109 of 2022). Rana Ahsan Aziz, Additional Prosecutor General along with Kamran Ghulam Nabi ASI, CTD, Lahore for the State. Date of hearing: 12th March, 2024.
Criminal Appeals Nos. 10214 and 12109 of 2022, decided on 15th March, 2024.
Before Farooq Haider, J
Rana Maqsood-ul-Haq, Arif Mehmood Rana, Muhammad Tayyab and Adil Riaz for Appellant (in Criminal Appeal No. 10214 of 2022). Asif Javed Qureshi and Fahad Javaid Qureshi for Appellant (in Criminal Appeal No. 12109 of 2022). Rana Ahsan Aziz, Additional Prosecutor General along with Kamran Ghulam Nabi ASI, CTD, Lahore for the State. Date of hearing: 12th March, 2024.
MUHAMMAD HANIF TAYYAB and another---Appellants
VERSUS
INSHA ULLAH and others---Respondents
Law: Anti Terrorism Act, 1997
Section: 7 (1)(ff),/ 4
Law: Explosive Substances Act, 1908
Section:
(a) Anti-Terrorism Act (XXVII of 1997)-------S.7 (1)(ff)---Explosive Substances Act (VI of 1908), S.4---Terrorism and recovery of explosive substance---Appreciation of evidence---Chain of safe custody of recovered case property and sample not established---Accused was convicted and sentenced for life imprisonment by Trial Court---Validity---Safe custody of allegedly recovered case property and parcel of sample was to be proved, otherwise conviction was not possible--- Recovery of explosive substance was not a mere corroborative piece of evidence rather it constituted an offence itself and entailed punishment--- Prosecution failed to prove safe custody of two parcels of samples containing defused hand grenade and detonating assembly (allegedly recovered from the possession of accused)--- High Court set aside conviction and sentence awarded to accused as conclusiveness and reliability of such report of Bomb Disposal Technician was vitiated and was not capable of sustaining conviction--Appeal was allowed in circumstances.The State through Regional Director ANF v. Imam Bakhsh 2018 SCMR 2039; Abdul Ghani and others v. The State and others 2019 SCMR 608; Qaiser Khan v. The State through Advocate-General, Khyber Pakhtunkhwa, Peshawar 2021 SCMR 363; Gulzar v. The State 2021 SCMR 380; Mst. Sakina Ramzan v. The State 2021 SCMR 451; Zubair Khan v. The State 2021 SCMR 492; Muhammad Shoaib and another v. The State 2022 SCMR 1006 and Subhanullah v. The State 2022 SCMR 1052 rel.(b) Anti-Terrorism Act (XXVII of 1997)-------S.7 (1) (ff)--- Explosive Substances Act (VI of 1908), S.4---Criminal Procedure Code (V of 1898), S. 340 (2)--- Terrorism and recovery of explosive substance--Appreciation of evidence---Evidence on oath, not given---Defence plea---Not proved--- Accused was convicted and sentenced for imprisonment for life by Trial Court---Validity---Improvised Explosive Device (I.E.D.) containing explosive was found from the possession of accused who was resident of city K , and he came to city L having that explosive in his possession---Such possession of explosive reflected that it was for endangering life or causing serious…
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