MUHAMMAD ASJAD vs State Ss — 2024 SCMR 1959 SUPREME-COURT

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MUHAMMAD ASJAD VS State Ss. 4 & 5---Keeping explosive with intent to endanger life or property, possessing explosives under suspicious circumstances---Re-appraisal of evidence---Sections 4 and 5 of the Explosive Substances Act, 1908 ('the Act')---Distinction---Both Sections 4 and 5 of the Act criminalize the act of possessing explosive substance, but under different circumstances---Joint reading of Sections 4 and 5 of the Act, clearly sets out that: the former relates to possession of explosive substance accompanied with a malicious intent to endanger life or cause serious injury to property; while the latter, on the other hand, criminalizes the mere possession of explosive substance, without there being any condition of the same being with a malicious intent to endanger life or cause serious injury to property---Notably the difference between Section 4 and Section 5 of the Act lies in malicious intent---In the present case, though an electric circuit was recovered from the possession of the petitioner (convict), but the prosecution failed to produce in evidence any ballistic opinion to confirm that the same was functional to trigger an explosive substance---This being so, the prosecution had not been able to establish that the petitioner had a malicious intent to endanger life or cause serious injury to property---Therefore, Section 4 of the Act was not applicable and attracted in the circumstances of the present case against the petitioner, and he could only be convicted for possessing the explosive substance under Section 5 of the Act---Accordingly, as prosecution had proved that the petitioner was in possession of explosive substance under suspicious circumstances and he could not show that he was in possession of explosive substance for a lawful object, the offence under Section 5 of the Act stood established---Petitioner was convicted under Section 5 of the Act and sentenced to simple imprisonment for seven years---Petition was converted into appeal and partly allowed.

MUHAMMAD ASJAD vs State Ss — 2024 SCMR 1959 SUPREME-COURT

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