MUZAFFAR HUSSAIN vs State S — 2023 PCrLJN 47 KARACHI-HIGH-COURT-SINDH

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MUZAFFAR HUSSAIN VS State S. 5---anti-Terrorism act (XXVII of 1997), Ss. 6 & 7---Making or possessing explosives under suspicious circumstances, act of terrorism---appreciation of evidence---Delay in sending the bomb/arms and ammunition for analysis---Effect---Prosecution case was that during interrogation of another criminal case, the accused disclosed that he had hidden one country made bomb behind the wall outside his house for blast and then he volunteered to produce the same before complainant party---Record transpired that alleged country made bomb/arms and ammunition were received by Forensic Science agency after the delay of about more than four months for which no explanation had been furnished by the prosecution---Recovered country made bomb/arms and ammunitions were retained by whom during that intervening period had also not been explained by the prosecution---If it was assumed that the case property was lying in Malkhana then no report/entry of Malkhana had been produced to corroborate the version of prosecution---No official from Forensic Laboratory had been examined---Police Constable through whom the case property was sent to the Forensic Science agency had not been examined before the Trial Court---Report of Forensic Science Laboratory did not identify the explosive---Circumstances established that Trial Court acted erroneously in the matter, with misconception and misinterpretation and disposed of the matter purely on non-appreciation and non-application of the required norms of law and justice---appeal against conviction was allowed, in circumstances.

MUZAFFAR HUSSAIN vs State S — 2023 PCrLJN 47 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported