Law:

Section:

(a) Constitution of Pakistan (1973)--- - Art. 185 (3) read with Explosive Substances Act (VI of 1908), S. 5-Leave to appeal against acquittal-Granted to consider true interpretation of S. 5 of Act and also question whether burden of proving lawful possession of explosive substance was on accused or prosecution.[Burden of proof-Appeal against acquittal]. (b) Explosive Substances Act (VI of 1908)- -- S. 5-Possession of explosive substance-Ingredients to be- proved for establishing offence under S. 5-Facts established on record showing accused to be a proclaimed offender and that he was carrying a hand grenade, in nature of a bomb, highly dangerous and patent weapon, manufactured purely for military use-Antecedents of accused and nature of explosive substance in his possession-Held, sufficient to raise a reasonable suspicion that accused was not carrying such substance for a lawful purpose-Accused himself failing to give any plausible explanation for being in possession of hand-grenade-Order of trial Court convicting and sentencing accused under S. 5-Held, justified. Sahibzada Akhtar Munir, Additional Advocate-General and M. Qasim Imam, Advocate-on-Record for Appellant. ORDER ASLAM RIAZ HUSSAIN, J.--This is a State Appeal against the judgment of a Division Bench of the Peshawar High Court dated 17-12-1979, acquitting Ahad Sher of the charge under section 5 of the Explosive Substances Act, 1908. 2. The facts leading to the appeal are, briefly, that the S. H. O. Police Station Budabair received information that Ahad Sher, respondent who was a proclaimed offender, was present at the house of his uncle Gulab Sher in Village Budabair. The house of Gulab Sher was raided by the police and the respondent was found present in the Baithak of the said house with a licensed '12 bore gun and four live cartridges. He was also carrying a plastic bag round his neck which had a hand-grenade in it that too was taken into possession. The hand-grenade was sent to the Ammunition Technical Officer, Peshawar for examination. The latter reported that although the hand-grenade without detonator was inserviceable, as the safety fuse having become ineffective due to dampness, yet the…

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