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---; S. 5; 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---accused was found in possession of 1500 grams explosive substances, a primer cord and a detonator tied in a cloth arround his waist---Offence under S. 5 of the Explosive Substances act, 1908, was charged against the accused persons, but according to S. 7 of the said act, prior permission for prosecution by the competent authority was required---Bare reading of the said provisions of law revealed that sanction for prosecution for holding trial under Explosive Substances act, 1908 was mandatory and a condition precedent for prosecution of the accused persons under S. 5 of the said act---In absence of the requisite sanction/ permission, entire proceedings taken would be void and without jurisdiction---Word “shall” used in the said section left no room for any departure therefrom---appeal against conviction was allowed, in circumstances.

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