HIDAYATULLAH alias DILI JAN vs State S — 2023 MLD 271 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 MLD 271 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: MLD
Parties: HIDAYATULLAH alias DILI JAN vs State S
Subject matter: Criminal
Provisions referred to: S. 497---E; S. 7---A; S. 7; S. 103; Explosive Substances Act (VI of 1908); Anti-Terrorism Act (XXVII of 1997); Anti-Terrorism Act

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

HIDAYATULLAH alias DILI JAN VS State S. 497---Explosive Substances Act (VI of 1908), Ss. 4 & 5---Anti-Terrorism Act (XXVII of 1997), S. 7---Attempt to cause explosion, or for making or keeping explosive with intent to endanger life or property---Making or possessing explosives under suspicious circumstances---Act of terrorism---Bail, grant of---Scope---Accused persons were alleged to have been found in possession of explosive substances and had not made any disclosure before the police witnesses nor during investigation nor anything was brought on record regarding their link with any banned organization---Ingredients of S. 7, Anti-Terrorism Act, 1997, were missing---Prosecution had failed to bring history of involvement of accused persons in any criminal activity---One of the accused persons had been abducted two months prior to the instant case regarding which a report in roznamcha was duly lodged---During investigation prosecution had ignored such aspect of the case---Police had violated the mandatory provision of S. 103, Cr.P.C., despite the fact that the police had adequate time with them to associate public witnesses of the locality at the time of search and recovery of explosives--- Accused persons were admitted to bail.

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