NISAR KHAN vs State Ss — 2023 MLD 1189 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 MLD 1189 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: NISAR KHAN vs State Ss
Subject matter: Criminal
Provisions referred to: S. 23-; S. 6; S. 23; S. 5

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

NISAR KHAN VS State Ss. 4 & 5---Sindh arms act (V of 2013), S. 23-1(a)---anti-Terrorism act (XXVII of 1997), Ss. 6(2)(ee) & 7---act of terrorism, possession of hand grenade, pistol, revolver and bullets---appreciation of evidence---Safe custody of recovered weapons established---Prosecution case was that hand grenade, pistol, revolver and bullets were recovered from the possession of the accused---With regard to the safe custody of the same, the recovered case property was dispatched on the next day of the incident i.e. 24-11-2020 and the Ballistic Examiner noted under General Remarks in his report that the parcels received were in sealed condition and that "the seals were intact---Thus, possession of the hand grenades and firearms was undeniably proven against the accused persons which had not been disputed in any manner---Prosecution had failed to prove its case against the accused persons under S. 6(2)(ee) of anti-Terrorism act, 1997, as such conviction and sentence awarded to the accused persons being not sustainable under the law was set aside---However, conviction and sentence awarded to the accused persons under S. 23(1)(a) Sindh arms act, 2013 and under S. 5 of the Explosive Substances act, 1908 was maintained---appeal was disposed of with modification in sentence.

Other judgments reported in 2023 MLD

2023 MLD 226 QUETTA-HIGH-COURT-BALOCHISTANBAHADUR KHAN VS MUHAMMAD ANWAR S. 115---Revisional jurisdiction of High Court---Scope---Though scope of revisional jurisdiction is limited b…
2023 MLD 226 QUETTA-HIGH-COURT-BALOCHISTANBAHADUR KHAN VS MUHAMMAD ANWAR Fatwa---Proof---Fatwa cannot be relied unless its authority/ signatory is produced in Court and is subjected…
2023 MLD 1131 KARACHI-HIGH-COURT-SINDHKARACHI CABLE SERVICES (PVT.) LTD. VS FEDERATION OF PAKISTAN through Secretary Ministry of Information S. 30--- Cable operators---Show cause…
2023 MLD 989 KARACHI-HIGH-COURT-SINDHWASEEM AKRAM VS Mst. ASMA S. 25a---Transfer of cases---Scope---applicant/defendant (husband) sought transfer of suit for maintenance from on…
2023 MLD 742 KARACHI-HIGH-COURT-SINDHSANWAL alias CHARYA VS State Ss. 302 & 34---Qatl-i-amd, common intention---Appreciation of evidence---Safe custody of crime empties---Scope-…
2023 MLD 1086 QUETTA-HIGH-COURT-BALOCHISTANPERVAIZ VS State S. 302(b)--- Qatl-i-amd--- Appreciation of evidence--- Sentence, reduction in---Mitigating circumstances---No pre-mediation…

Back to the case-law library · Search Pakistani case law in Urdu or English