MUHAMMAD ZAKIR vs State Ss — 2022 MLD 204 KARACHI-HIGH-COURT-SINDH

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MUHAMMAD ZAKIR VS State Ss. 4 & 5---Sindh arms act (V of 2013), S.23(1)(a)---anti-Terrorism act (XXVII of 1997), S.7---Recovery of explosive substance and firearms, act of terrorism---appreciation of evidence---Safe custody of the recovered weapons at police station and their transmission to the Forensic Science Laboratory---Scope---Prosecution case was that pistols loaded with magazine containing bullets, Kalashnikovs loaded with magazine containing bullets and hand grenades were recovered from the possession of the accused---Record showed that there was overwriting in the description of the hand grenades allegedly recovered from the possession of accused---Investigating Officer in his evidence had deposed that he received three sealed parcels, out of which he only sent two sealed parcels containing alleged recovered pistol and Kalashnikov to the Forensic Science Laboratory for examination and now there remained one sealed parcel---Two sealed LED savor boxes in sealed condition containing hand grenades were de-sealed in Court---One parcel as per evidence of the Investigating Officer, containing alleged recovered hand grenades, was handed over to him, then how two sealed parcels containing alleged recovered hand grenades were produced at trial---allegedly, from the possession of co-accused, police recovered one Kalashnikov without number with 15 live bullets and one .30 bore pistol with five rounds, but in the Forensic Science Laboratory Report, it was reported that one 7.62 x 39 mm rifle with rubbed number was sent for examination, however, when the said weapon was shown to the mashir/Head Constable digits were found engraved whereas, in the mashirnama of arrest and recovery there was no mention of any digits---Memo of arrest and recovery, showed that said pistol was shown as without number, whereas, perusal of Forensic Science Laboratory showed that pistol with rubbed number was sent for examination---Even, in the evidence, the complainant and witness/Head Constable/mashir of recovery and arrest had admitted that sketch of pistol produced before Court did not match with the sketch of the pistol---apart from said material contradictions and discrepancies, safe custody of the recovered weapons at police station and their transmission to the Forensic Science Laboratory had never been proved by the prosecution at trial---Such recoveries could not be safely relied upon---No sufficient evidence was available on record to conclude that the accused was habitual offender coupled with the fact that although FIRs referred to by the prosecution had been registered against him but it itself was not sufficient to prove the accused to be so, unless it was proved/established that he had been convicted in the said FIRs and the said conviction had been finally maintained by the Superior Courts---Circumstances established that the prosecution had failed to prove its case against the accused beyond shadow of doubt---appeal against conviction was allowed, in circumstances.

MUHAMMAD ZAKIR vs State Ss — 2022 MLD 204 KARACHI-HIGH-COURT-SINDH

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