ZAHEER AHMED alias GUL vs State Ss — 2023 YLR 2038 KARACHI-HIGH-COURT-SINDH

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ZAHEER AHMED alias GUL 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---FIR was lodged with promptitude---Scope---Prosecution case was that one Hand Grenade and one pistol of .32-bore along with loaded magazine having three live rounds were recovered from the possession of the accused---Record showed that the complainant recorded his statement under S. 154, Cr.P.C. on the spot immediately after the arrest and recovery which was lodged as FIR with promptitude---Complainant thus had no time to cook up a false case with the police in order to falsely implicate the accused---accused had been named in the FIR with a specific role---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---appeal against conviction was dismissed accordingly. Citation Name: 2023 YLR 2038 KARACHI-HIGH-COURT-SINDHBookmark this Case ZAHEER AHMED alias GUL VS State Witness---Police Official as witness---Scope---Evidence of police witness is as good as any other witness and can be relied upon. Citation Name: 2023 YLR 2038 KARACHI-HIGH-COURT-SINDHBookmark this Case ZAHEER AHMED alias GUL 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---Contradictions in the statements of witnesses---Scope---Prosecution case was that one hand grenade and one pistol of .32-bore along with loaded magazine having three live rounds were recovered from the possession of the accused---all the prosecution witnesses were consistent in their evidence---Even if there were some contradictions in their evidence, same could be considered as minor in nature and not material and certainly not of such materiality so as to effect the prosecution case and the convictions of the accused---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---appeal against conviction was dismissed accordingly. Citation Name: 2023 YLR 2038 KARACHI-HIGH-COURT-SINDHBookmark this Case ZAHEER AHMED alias GUL 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 one Hand Grenade and one pistol of .32-bore along with loaded magazine having three live rounds were recovered from the possession of the accused---Record showed that the complainant as recorded in the FIR had received spy information that the accused was selling weapons and narcotics from his house which turned out to be correct as when the rangers and the police raided the house of accused, they found arms, ammunition, explosives, charas and money in different currencies---accused was arrested red handed on the spot from his house from where large recoveries of arms, ammunition and charas were made---On his arrest on the spot, accused was also found to be in possession of an unlicensed pistol and a hand grenade for which he did not have a permit---accused was also a serving police officer which would enable him to keep large caches of weapons without undue suspicion---On his arrest on the spot the accused immediately took the rangers and police to another part of the house/compound where he pointed out a place where a hidden stash of explosives was kept, which was a place which only he could have known about and as such there was no chance of foisting those explosives which were in huge quantities along with bolts and ball bearings---Even otherwise it was not possible to foist such a large amount of explosive material which it appeared from the recovery of nuts and bolts and ball bearings were intended to be used in terrorist attacks which might have caused massive loss of life---all the prosecution witnesses gave there evidence in a straightforward manner, corroborated each other, were not damaged during cross-examination---although some of witnesses were police/rangers witnesses, no ill will or enmity had been suggested against them by the accused---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---appeal against conviction was dismissed accordingly. Citation Name: 2023 YLR 2038 KARACHI-HIGH-COURT-SINDHBookmark this Case ZAHEER AHMED alias GUL 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---Disclosure by accused---Proof---Un-broken chain of evidence---Prosecution case was that one hand grenade and one pistol of .32-bore along with loaded magazine having three live rounds were recovered from the possession of the accused---Evidence of the witnesses had provided a believable corroborated unbroken chain of events from the receipt of the spy information by the complainant to him calling for back up to him and other police and rangers raiding the house of the accused and arresting and making the recoveries from the accused part of the house on the spot to the accused taking them to another part of the compound where on his pointation he revealed where a massive amount of explosive making material had been hidden---Recovered weapons (except one) as per Forensic Science Laboratory Report were all found to be in working condition---Recovered hand grenade was found to be live and containing explosive material as per Bomb Disposal Unit Report---Recovered explosive material were all found to be so as per forensic report---Based on the particular facts and circumstances of that case where the recoveries were all made from one house with one entrance within the same compound it was found that there was no need for there to be separate mashirnama's of recovery and that a joint mashirnama was legally justified---accused did not give evidence under oath or call any defence witness in support of his defence---Circumstances established that the prosecution had proved its case against the accused beyond any shadow of doubt---appeal against conviction was dismissed accordingly.

ZAHEER AHMED alias GUL vs State Ss — 2023 YLR 2038 KARACHI-HIGH-COURT-SINDH

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