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Citation Name: 2024 YLR 1681 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case SHABIR AHMED alias NAKI vs State Ss — 2024 YLR 1681 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2024 YLR 1681 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2024
Reporter
YLR
Parties
Citation Name: 2024 YLR 1681 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case SHABIR AHMED alias NAKI vs State Ss
Subject matter
Civil
Provisions referred to
F---Explosive Substances Act (VI of 1908)

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

Citation Name: 2024 YLR 1681 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case SHABIR AHMED alias NAKI VS State Ss. 7 & 11-F---Explosive Substances Act (VI of 1908), Ss. 4 & 5---Making or possessing explosives under suspicious circumstances, membership, support and meetings relating to a proscribed organization, act of terrorism---Appreciation of evidence---Defence plea plausible---Prosecution case was that 2-kilograms and 3-feet prima card were recovered from the possession of the accused and he was member of a proscribed organization---Accused had disputed his arrest from the place, date and time and in his oath statement he stated that he was arrested on 12th March 2021 from the area of a Bazar, when he along with his wife and minor children was going to his home on a motorcycle---Complainant produced his wife, his mother and his neighbor as defence witnesses---All the defence witnesses fully corroborated the plea taken by the accused and also produced the banners, photographs extracted from social media highlighting their protest with regard to forced missing of accused and protesting for his safe release---If both the pleas were taken into consideration in juxtaposition, the plea taken by the defence was more convincing---Family of the accused protested for safe release of accused---Record showed that the accused was permanent resident of one city and his arrest from another district allegedly having explosive substances was highly improbable and did not appeal to logic---Though, the prosecution had alleged that the accused belonged to proscribed organization, but in support of such contention not a single piece of evidence had been produced in the Court to substantiate the charge---Appeal was allowed, in circumstances.

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