ABDUL AZIZ alias SADAM vs State Ss — 2023 YLR 1821 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 YLR 1821 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: YLR
Parties: ABDUL AZIZ alias SADAM vs State Ss
Subject matter: Criminal
Provisions referred to: S. 7---

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

ABDUL AZIZ alias SADAM VS State 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---appreciation of evidence---Benefit of doubt---Recovery of detonator from the possession of accused---Reliance---Scope---accused was found in possession of 1500 grams explosive substances, a primer cord and a detonator tied in a cloth arround his waist---as far as recovery of detonator from the possession of accused was concerned, it was important to mention that detonator comprised upon elongated hollow metal tube containing explosive, however, in the report of Bomb Disposal Commander any colour, type, gauge, name of metal e.g. aluminum etc. or even availability of metal tube was not mentioned---Similarly, Bomb Disposal Commander neither extracted any explosive from stated detonators nor mentioned its origin/detail---None of the Bomb Disposal Team had been produced during the trial by the prosecution, therefore, report of Bomb Disposal Commander was mere ipse dixit and could not be made basis to hold that the alleged detonator was actually detonator falling within the definition of Explosive Substances act, 1908---Circumstances established that the prosecution failed to prove its case against the accused beyond any shadow of reasonable doubt---appeal against conviction was allowed, in circumstances.

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