Law: Pakistan Penal Code, 1860

Section: 353, 324/34

SUMMARY The prosecution alleged that on 08.03.2021, during patrol duty, the police received secret information that the accused were selling narcotic drugs. Upon reaching the spot, the accused allegedly opened fire on the police party to deter them from performing their official duties. One accused, Muhammad Shafi, was arrested at the scene, while three others allegedly escaped. The police claimed recovery of an unlicensed 30-bore pistol, 300 grams of charas, and 19 packets of heroin (30 grams each) from Muhammad Shafi. Consequently, FIR No. 116/2021 was registered under Sections 353 and 324/34 of the Pakistan Penal Code (PPC) read with Section 7 of the Anti-Terrorism Act, 1997, while FIR No. 117/2021 was registered under Section 23(1)(a) of the Sindh Arms Act, 2013 for possession of an unlicensed firearm. After investigation and a joint trial under Section 21-M of the Anti-Terrorism Act, 1997, the Trial Court convicted the appellants. On appeal, the High Court held that the prosecution had failed to establish the guilt of the appellants beyond reasonable doubt. The Court found that the evidence produced was not convincing or trustworthy enough to connect the appellants with the alleged offences, and therefore the prosecution failed to discharge its burden of proof as required in criminal law. Extending the benefit of doubt to the appellants, the Court allowed the appeal, set aside the convictions and sentences, and acquitted the appellants of all charges, directing that they be released forthwith if not required in any other case. JUGMENT   Justice Zafar Ahmed Rajput Justice Tasneem Sultana Justice Zafar Ahmed Rajput Justice Tasneem Sultana Justice Zafar Ahmed Rajput Justice Tasneem Sultana Justice Zafar Ahmed Rajput Justice Tasneem Sultana Justice Zafar Ahmed Rajput Justice Tasneem Sultana Justice Zafar Ahmed Rajput Justice Tasneem Sultana Justice Zafar Ahmed Rajput Justice Tasneem Sultana Justice Zafar Ahmed Rajput Justice Tasneem Sultana Justice Zafar Ahmed Rajput Justice Tasneem Sultana Justice Zafar Ahmed Rajput Justice Tasneem Sultana Justice Zafar Ahmed Rajput Justice Tasneem Sultana Justice Zafar Ahmed Rajput Justice Tasneem Sultana Justice Zafar…