Case Details

Citation(s)
2026 SLG 2397 2026 SLD 2397
Islamabad High Court
Criminal Appeal No.299 of 2024
Presented By: Muhammad Asif,Sardar Muhammad Sarfraz Dogar
Date of hearing   Appellant     represented by:       The State represented by:   The complainant represented by:    12.02.2025 Maulana Muhammad Wajeeh Ullah Khan, Advocate.   Mr. Adnan Ali, DDPP for the State with Abdul S.I and Nabi Ullah S.I.    

Abdullah. 

VERSUS

.  The State, etc.  

Law: Explosive Substances Act, 1908

Section: 4,5

 

Case Summary

Court & Judge

Sardar Muhammad Sarfraz Dogar, J. — Criminal Appeal against conviction and sentence


Parties

Role Description
Appellant Abdullah son of Sher Ahmed Khan
Prosecution State, through Police Station CTD, Islamabad

Background

Detail Description
Impugned Judgment 30.07.2024 — Special Judge, ATC, Islamabad
FIR No. 02 dated 25.02.2024
Offences Charged Sections 4 & 5, Explosive Substances Act, 1908 read with Section 7, Anti-Terrorism Act, 1997
Conviction Under Section 5, ESA, 1908 only (acquitted of Section 4 ESA & Section 7 ATA)
Sentence 5 years RI + Rs. 50,000 fine (6 months SI in default); property forfeited under Section 5(a) ESA; benefit of Section 382-B Cr.P.C. extended

Prosecution's Case (Per FIR)

Detail Description
Date/Time of Arrest 25.02.2024, 01:00 p.m.
Location Green Belt Jungle Area, near CDA Tube Well Service Road, Sector G-13/1, Islamabad
Arresting Officer Khalid Khan ASI-CTD (PW-1), acting on spy information
Alleged Recovery Three maps of important installations, brown-colored explosive substance, safety fuse wire, two detonators (in matchbox), ball bearings, nuts/bolts, nails
BDS Team Called to spot; Riaz-ul-Haq ASI (PW-5) allegedly defused the explosive material
Alleged Disclosure Appellant's link with Tehreek-e-Taliban Pakistan; plan to target important installations

Trial Proceedings

  • Charged on 20.05.2024 under Sections 4/5 ESA read with Section 7 ATA — pleaded not guilty.
  • Prosecution produced 6 PWs; gave up 3 PWs as unnecessary; tendered NFSA explosive material report (Exh.P-F).
  • Appellant's Section 342 Cr.P.C. statement: Claimed he was a Hafiz-e-Quran working as a welder in Attock City; alleged he was forcibly abducted from his house on 07.07.2023 by law enforcement officials, kept in illegal confinement at different places until the case was registered; denied visiting the alleged recovery place or possessing any incriminating material; claimed the recovery was fake and planted; denied any link with a proscribed organization; alleged police fabricated the case to show "fake efficiency" to superiors.
  • Defence produced father Sher Ahmed Khan as DW-1 (tendered Mark-DA, Exh.D-B, Mark-DB); appellant did not opt to record statement on oath under Section 340(2) Cr.P.C.

Core Legal Principle Invoked

The Court began with the foundational principle on fair trial and presumption of innocence, citing:

Naveed Asghar and 2 others v. The State — An accused is presumed innocent until proven guilty beyond reasonable doubt on the basis of legally admissible, confidence-inspiring, trustworthy, and reliable evidence. The constitutional guarantee of fair trial under Article 10-A cannot be taken away regardless of the heinousness of the crime; courts must assess evidence dispassionately, systematically, and structurally without being influenced by the nature of allegations.

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