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

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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---Contradictions in the case of prosecution and the statements of the witness---Prosecution case was that illicit weapon and hand grenades were recovered from the possession of the accused persons---Record showed that on the search of a car the police recovered one hand grenade along with one pistol .30 bore having a magazine loaded with 07 rounds, one SMG without number having magazine loaded with 28 round and mobile phones of different companies---Further as per the memo of recovery one hand grenade was recovered from the pocket of the trouser of accused; from pocket of the kameez (shirt) of other accused one hand grenade was also recovered, and from his trouser one .9mm pistol having magazine loaded with 06 live bullets was recovered---Recovery witness during his evidence before the trial Court had not supported the case of the prosecution and deposed that on the information when they reached the place where two white colour cars were standing, they encircled both the cars on the directions of aSI and from one car, two persons came out and from another car one person came out---as per his evidence, aSI searched both the cars and from one car secured one Kalashnikov along with loaded magazines having 28 rounds, 02 hand grenades lying under the back seat as well as one pistol having magazine loaded with 07 rounds and 06 mobile phones were also recovered from the back seat of the said car---Said witness further deposed that aSI also searched another car and secured 02 hand grenades from the driving seat's door including one pistol having a magazine loaded with 06 live bullets and the same were sealed on the spot---From the evidence of relevant witness, it appeared that from both cars 04 hand grenades were recovered and the other weapons were also recovered from the cars---Nothing was recovered from the accused persons as alleged in the memo of arrest and recovery---No other witness of recovery had been examined---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.

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

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