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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---Improvised explosive device and other explosive substances were recovered from the accused---Neither Recovery memo was prepared on the spot nor recovered material was sealed at the spot rather the same was sealed after six hours of the occurrence, as such the prosecution case was highly doubtful---Lapse on the part of the police was clear and admitted---Wisdom behind sealing the weapon at the place of incident was to eliminate the possibility of manipulation of evidence after the recovery of alleged material---Other material aspect of the case was that neither the complainant stated a single word in his report about weighing of the explosive substance nor that fact was mentioned in the recovery memo that how much explosive was recovered from the accused---None of the witnesses stated a single word as to how much explosive substance was recovered from the accused---Record transpired that four grams of explosive were separated for analysis---Said aspect of the matter also caused reasonable doubt in the prosecution case--- 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.

Other judgments reported in 2021 PCRLJ

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