Irfanullah Pathan vs State Ss — 2024 MLD 1740 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2024 MLD 1740 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2024
Reporter: MLD
Parties: Irfanullah Pathan vs State Ss
Subject matter: Criminal
Provisions referred to: S. 7---S; S. 23

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

Irfanullah Pathan VS State Ss. 4 & 5---anti-Terrorism act (XXVII of 1997), S. 7---Sindh arms act (V of 2013), S. 23(1)(a)---Recovery of explosive substance, possession of illicit weapon, act of terrorism---appreciation of evidence---Safe custody of the recovered weapons and explosive substance doubtful---Prosecution case was that illicit weapon and hand grenades were recovered from the possession of the accused persons---Record showed that the descriptions of the recovered weapons were not mentioned in the memo of arrest---However, as per the report of Bomb Disposal Unit, recovery was effected on 29.01.2019 at 09.30 am and hand grenades were handed over to Bomb Disposal Unit on 30.01.2019 between 02.00 to 03.00 pm, as such, the question of safe custody of the grenades/weapons arose as to where those grenades/weapons were kept for more than 17/18 hours for which no explanation was furnished by the prosecution---Report of Bomb Disposal Unit reflected that the incident took place on 27.01.2019 which as per the prosecutor was a typographical mistake however, it was found that the same date had been mentioned in all three reports filed by the prosecution, which also created serious doubts over the prosecution story and made the Bomb Disposal Unit Report doubtful as one date might be a mistake but not all three---Circumstances established that no substance against the accused was found, which connected them with the commission of the offence---appeal against conviction was allowed accordingly.

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