NOZO vs State S — 2021 PCrLJ 1729 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 PCrLJ 1729 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: PCRLJ
Parties: NOZO vs State S
Subject matter: Criminal
Provisions referred to: S. 7---E; Explosive Substances Act (VI of 1908)

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

NOZO VS State S. 7---Explosive Substances Act (VI of 1908), Ss. 4 & 5---Keeping explosive with intent to endanger life or property, making or possessing explosives under suspicious circumstances, act of terrorism---Appreciation of evidence---Benefit of doubt---Delay in sending samples of explosive substance for analysis---Effect---Improvised explosive device and other explosive substances were recovered from the accused---Alleged recovery was effected on 10.02.2020 while the sample was received by the Forensic Science Agency with a delay of eighteen days, for which no explanation was offered by the prosecution's witnesses---Delay in transmission of sample to the Forensic Science Agency created serious doubts about safe custody of the alleged recovered explosive substance and its safe transmission to the Forensic Science Agency---Alleged Recovered substance was delivered to the Forensic Science Agency by one Police Official/ASI, however, the said Police Official/ASI was not produced as a prosecution witness at the trial about the receipt of case property, its safe custody and safe transmission to the Forensic Science Agency---Custody of the recovered explosive substances at the police station had not been established by the prosecution during the trial---Moharir of the police station had not been produced by the prosecution to establish the receipt of the case property to the office of examiner---Circumstances established that the prosecution had failed to prove its case against the accused without any shadow of doubt---Appeal against conviction was allowed, in circumstances.

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2021 PCrLJN 83 QUETTA-HIGH-COURT-BALOCHISTANABDULLAH alias KHALIQ DAD VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Recovery of crime weapon---De…
2021 PCrLJN 2 QUETTA-HIGH-COURT-BALOCHISTANJAHANZAIB VS State Ss. 11F & 11H---Supply of statements and documents to the accused---Scope---Criminal trial commences with the distributio…
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