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

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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---Sentence, reduction in---Prosecution case was that hand grenade, pistol, revolver and bullets were recovered from the possession of the accused---Prosecution's case relied on complainant and mashir of arrest and recovery---Said witnesses deposed that on 23.11.2020, while they were patrolling, complainant received spy information regarding the presence of a few culprits at the place of incident who were present with the intent to commit some crime---as such, they proceeded to the pointed out place and found the accused persons at the place of incident---accused were duly apprehended and from their possessions one pistol and a grenade each were recovered---Pistols and ammunition were sealed on the spot, whereas the grenades were left unsealed till the arrival of the bomb disposal unit (BDU) which defused the hand grenades and S.I. issued such clearance certificates whereafter three grenades were sealed---Recovery was made on the spot and such mashirnama was prepared by 07:00 p.m. and the defusing took place at 08:15 p.m., with a delay of only an hour---Recovered weapons, sealed on the spot, were also found in working condition by the Ballistic Examiner---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.

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

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