NAJEEBULLAH vs State Ss — 2023 YLR 1299 KARACHI-HIGH-COURT-SINDH

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

NAJEEBULLAH 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---Discrepancies in the prosecution case---Scope---Prosecution case was that pistols with two live bullets and hand grenades were recovered from the possession of the accused persons---With regard to the contention of the defence that there was a discrepancy in the colour of the hand grenades, record showed that the description of the hand grenades was available in the mashirnama of arrest and recovery and the same matched with the Clearance Certificates issued by the Bomb Disposal Unit, so also detailed reports of Bomb Disposal Unit were also in line with the prosecution case---Even otherwise a mere discrepancy in the colour of hand grenades was not fatal to the prosecution case, especially when the recovery was effected from the accused at the odd hours of the night---appeal against conviction was dismissed, in circumstances. Citation Name: 2023 YLR 1299 KARACHI-HIGH-COURT-SINDHBookmark this Case NAJEEBULLAH VS State Ss. 4 & 5---Sindh arms act (V of 2013), S. 23(1)(a)---anti-Terrorism act (XXVII of 1997), S. 7---Criminal Procedure Code (V of 1898), S. 342---Recovery of explosive substance and firearms, act of terrorism---appreciation of evidence---Defence plea---Scope---Prosecution case was that pistols with two live bullets and hand grenades were recovered from the possession of the accused persons---Record reflected that in their statements recorded under S. 342, Cr.P.C., the accused claimed that they were falsely implicated in the case, however, they had not produced any witness in support of their contention and even no application to higher authorities or any constitutional petition was filed by anyone for the release of the accused, which suggested that the accused managed a false story to save their skin---No suggestion against the Police Officials of enmity or ill-will was made during cross-examination nor any application or petition was filed before any forum to prove false implication of the accused in the case---Evidence of the police witnesses were reliable, trust-worthy and confidence inspiring and had no reason to doubt---Recovery of hand grenades, .30 bore pistols, and live bullets were proven by the prosecution by producing confidence-inspiring and trustworthy evidence supported by the Bomb Disposal Unit reports so also report of Forensic Science Laboratory---appeal against conviction was dismissed, in circumstances. Citation Name: 2023 YLR 1299 KARACHI-HIGH-COURT-SINDHBookmark this Case NAJEEBULLAH VS State Witness---Police witnesses---Reliance---Scope---Police Officials were as good as private witnesses and their testimony could not be discarded merely for the reason that they were Police Officials unless the defence succeeded in giving dent to the statements of prosecution/ police witnesses and proved their mala fide or ill-will against accused. Citation Name: 2023 YLR 1299 KARACHI-HIGH-COURT-SINDHBookmark this Case NAJEEBULLAH 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 substance and firearms---Scope---Prosecution case was that pistols with two live bullets and hand grenades were recovered from the possession of the accused persons---Defence argued that safe custody of the explosive and pistols had not been proved by the prosecution---Reports of Forensic Science Laboratory reported that sealed parcels were received in which seals were intact---Nothing on record to establish that the said parcels ever tampered with rather the evidence led by the prosecution established that the parcels received by the said agency remained intact---appeal against conviction was dismissed, in circumstances. Citation Name: 2023 YLR 1299 KARACHI-HIGH-COURT-SINDHBookmark this Case NAJEEBULLAH 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---Prosecution case was that pistols with two live bullets and hand grenades were recovered from the possession of the accused persons---allegedly no private person was associated as mashir to witness the arrest and recovery---Complainant in his evidence had stated that it was night time i.e. 01.45 a.m. and due to such odd hours of the night, none was present there such contention had no force---accused were caught red-handed and even the car they were riding in was recovered, which had fake number plates---Circumstances established that findings of guilt rendered by the Trial Court against the accused did not suffer from any infirmity---appeal, against conviction was dismissed accordingly.

NAJEEBULLAH vs State Ss — 2023 YLR 1299 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported

Other judgments reported in 2023 YLR