| 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.
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.