Yar Muhammad alias Zakar vs State Ss — 2025 YLR 1857 QUETTA-HIGH-COURT-BALOCHISTAN

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Yar Muhammad alias Zakar VS State Ss. 11-F, 11-H, 11-J, 11-OOO & 11-N---Prohibition of acts intended or likely to stir up sectarian hatred, membership, support and meetings relating to a proscribed organization, funding arrangements---Fund raising---Appreciation of evidence---Benefit of doubt---Defective investigation---Accused was arrested for providing his services to the proscribed organization and an amount was recovered meant for the assistance of martyr activists of the banned organization---Complainant of the case who mostly reiterated the contents of his fard-e-bayan, but during the course of cross-examination he derailed from his earlier statement and contradicted the case of prosecution to some extent---Complainant admitted that the alleged taxi driver was not associated in the recovery proceedings, in whose taxi accused was de-boarded---Complainant further admitted that except the appellant five other persons were also present at the time of recovery in the taxi---Said witness admitted that in his presence the Investigating Officer neither included the said persons in the list of investigation nor recorded their statements---Complainant showed his ignorance with regard to conducting business in Pakistani currency across the Pak-Afghan Border---Complainant also admitted that the place of occurrence was a populated area, but despite of the fact no independent witness was associated in the recovery proceedings---While, Incharge of Malkhana/Head Moharar received the sealed parcels from the Investigating Officer, subsequently made entries whereof in the Register No.19, but he had also failed to produce and exhibit the copy of Register No.19 during trial---Eye-witness as well as the member of raiding team stated that complainant handed over him the accused (appellant), the letter of DAESH written in Pashto language containing monogram of proscribed organization and the recovered amount---Pashto letter was translated and was sealed in a parcel, while the amount was sealed in other parcel, but that witness had also failed to produce the sealed parcel of Pashto letter and to exhibit it before the Trial Court nor the same was available on record---Other eye-witness produced the recovery memo. and admitted that the letter of proscribed organization was neither having any reference number nor the same was duly signed and stamped by the banned organization---Investigating Officer of the case, who counted the steps taken by him during the course of investigation, in his cross-examination, admitted that he neither associated the driver of the Taxi nor any private person as witness in the proceedings---Thus, such negligence on the part of the prosecution created serious dents in the case of prosecution---Appeal against conviction was allowed, in circumstances.

Yar Muhammad alias Zakar vs State Ss — 2025 YLR 1857 QUETTA-HIGH-COURT-BALOCHISTAN

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