Law: Explosive Substances Act, 1908

Section: 4 , 5

  Explosive Substances Act (VI of 1908)-- ----S. 4/5---Bxplosives Act (IV of 1884), S.4/5---Suppression of Terrorist Activities (Special Courts) Act (XV of 1975), S.5---Jurisdiction---F.I.R., charge-sheet and the charge framed by Trial Court were all under S.4/5 of the Explosives Act, 1884 and not under the Explosive Substances Act, 1908-- Sanction given by the, Provincial Government for prosecution of accused also did not pertain to the offence under S.4/5 of the Explosive Substances Act, 1908---Schedule attached to Suppression of Terrorist Activities (Special Courts) Act, 1975 did not provide for trial of any offence under the Explosives Act, 1884---Speical Court, therefore, had no jurisdiction to take cognizance of the case and the trial of accused stood vitiated---Accused was acquitted in circumstances. [pp. 324, 3251 A, B, C & D Sohail Ahmed v. State 1995 PCr.LJ 177 and Ali Akbar v. State PLD 1995 Kar.10 rel. S. Waqar Hussain Naqvi for Appellant. Sarwar Khan, Asstt. A: G. for the State. Date of hearing: 28th February, 1995. JUDGMENT ABDUL RAHIM KAZI, J.---This appeal is directed against the judgment passed by the Special Court I (STA), Karachi in Special Case No.40/93 registered vide F.I.R. No. 161/93 at Gulbahar Police Station, Karachi under section 4/5th of the Explosives Act, 1884. Briefly the prosecution case as given in the F.I.R. is that Inspector Arif Jah Siddiqi of Crime Branch on 12-6-1993 had sent a report which was subsequently incorporated in the register under section 154, Cr.P.C. at the said police station to the effect that the present appellant Hassan Abbas who had been arrested in another case being Crime No.160/93 of the same Police Station had during interrogation disclosed that 15/16 days earlier one tall boy having a beard aged about 25/30 years had come to his   brother Syed Mollisin Mehdi (absconder) and asked him to conceal a 7 MM rifle with a butt folding and two handgrenades which were in two wooden boxes; and that the same were concealed in front of the house in the Factory of one Abdullah in an abandoned sewerage without the knowledge of said Abdullah. The said explosives were recovered by the complainant in…