Law: Anti Terrorism Act, 1997

Section: 27

Anti-Terrorism Act (XXVII of 1997)----- ----S. 27---Improper and defective investigation ---Punishment--¬Application before Assistant District Administrative Officer, with regard to the occurrence was marked to accused/Naib Tehsildar on whose report F.I.R. under Ss.4/5 of Explosive Substances Act, 1908 and S.427, P.P.C. was registered against unknown persons---Investigation was taken in hand by the said accused/Naib Tehsildar who arrested six persons against whom no evidence was available---Not only proper and diligent investigation to trace out and arrest the real culprits involved in incident was made by the accused, but innocent persons were arrested and sent up for trial who had suffered a lot till their acquittal---Investigation in the case by the accused was improper, defective and was in violation of law---Investigation was carried out by one accused under supervision of the other---Responsibility of same, in circumstances, would rest on both the accused---Charge under S.27 of Anti-Terrorism Act, 1997, in circumstances, stood proved against both the accused---Conviction awarded to accused by Trial Court being in accordance with law, was upheld---Both the accused being Government Officers and their conviction would entail consequences which would have effect on their service as well, sentence of six months R.I. awarded to accused by Trial Court was reduced to two months---Subject to said modification in quantum of sentence of imprisonment, conviction of accused was maintained. JUDGMENT By means of this judgment Criminal Appeal A.T.A. No.78 of 2002 Ashrafullah Khan v. State and Criminal Appeal A.T.A. No.80 of 2002 Asmatullah v. State are disposed of as both the appeals are directed against the judgment dated 4-9-2002 passed by Special Judge, Anti ¬Terrorism Court-I, Quetta, whereby the appellants have been convicted under section 27 of Anti-Terrorism Act, 1997 and sentenced to six months R.I. and fine of Rs.5,000 each in default of payment of fine to undergo further term of one months S.I. 2. Brief facts leading to the appeal are that on 4-1-2002 one Abdullah Khan, submitted. an application to Assistant District Administrative Officer, Zhob,…