Law: Explosive Substances Act, 1908

Section: 4, 5

Law: Anti-Terrorism Act, 1997

Section: 6(2)(ee), 7(1)(ff), 11-F(1), (2), (6), 27-A, 21(I)

Law: Qanun-e-Shahadat (10 of 1984)

Section: 38

Law: Criminal Procedure Code (V of 1898)

Section: 348

(a) Explosive Substances Act (VI of 1908) Ss. 4 & 5---Anti-Terrorism Act (XXVII of 1997), Ss. 6(2)(ee), 7(1)(ff), 11-F(1), (2), (6), 27-A & 21(I)---Qanun-e-Shahadat (10 of 1984), Art. 38---Making or possessing explosive substances under suspicious circumstances, act of terrorism---Appreciation of evidence---Benefit of doubt---Disclosure of the accused before police---Scope---Prosecution case was that a wireless handset, which contained two electric detonators and 04-kilogram and 250-grams grey coloured explosive materials was recovered from the possession of accused---It was an admitted fact that no remote control was recovered from the possession of the accused/appellant and during the course of the investigation no documents was brought on record that the accused/appellant belonged to the proscribed organization, which was also admitted by the Investigation Officer---Only evidence against the accused/appellant was that while he was in police custody, he made a disclosure before the police and the said disclosure was not admissible in view of Art.38 of Qanun-e-Shahadat Order, 1984, which stated that the confession made before the police was not admissible---There was no confessional statement under S.164, Cr.P.C of the accused/appellant before the Judicial Magistrate; as such, this piece of evidence was of no help to the prosecution case---Appeal against conviction was allowed, in circumstances. (b) Explosive Substances Act (VI of 1908) Ss. 4 & 5---Anti-Terrorism Act (XXVII of 1997), Ss. 6(2)(ee), 7(1)(ff), 11-F(1), (2), (6), 27-A & 21(I)---Making or possessing explosive substances under suspicious circumstances, act of terrorism---Appreciation of evidence---Benefit of doubt---Infirmities prosecution case---Prosecution case was that a wireless handset, which contained two electric detonators and 04-kilogram and 250-grams grey coloured explosive materials was recovered from the possession of accused---Allegedly, the accused/appellant was arrested from a road near, which was newly built in the name of China Pakistan Economic Corridor Road, which was a straight road, and from where the accused/appellant was allegedly apprehended the police…