Muhammad Zubair vs State S — 2025 YLR 1963 ISLAMABAD

Case information

Citation: 2025 YLR 1963 ISLAMABAD
Court: Islamabad High Court
Year: 2025
Reporter: YLR
Parties: Muhammad Zubair vs State S
Subject matter: Criminal
Provisions referred to: S. 120-B---E; S. 13---A; S. 7---C; B---Explosive Substances Act (VI of 1908); Pakistan Arms Ordinance (XX of 1965); Anti-Terrorism Act (XXVII of 1997)

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

Muhammad Zubair VS State S. 120-B---Explosive Substances Act (VI of 1908), Ss. 4 & 5---Pakistan Arms Ordinance (XX of 1965), S. 13---Anti-Terrorism Act (XXVII of 1997), S. 7---Criminal conspiracy, keeping explosive with intent to endanger life or property, making or possessing explosives under suspicious circumstances, possession of illicit weapon, act of terrorism---Appreciation of evidence---Benefit of doubt---Non-production of police register and roznamcha---Effect---Accused were found in possession of a plastic bag containing 910 grams explosive substance, 10d etonators, 05 meters prima card wire, two 30-bore pistols with 19-live bullets---Prosecution had not been able to demonstrate any justifiable reasons as to why register No.19 was not produced or entries of said parcels in Roznamcha which was an admitted phenomena---Police Official, who acknowledged that he remained present in police station 24/7 and the concerned entries were made in the Roznamcha about sending of the sample parcels to National Forensic Science Agency, however, said Roznamcha was not available at the moment---Roznamcha was not produced in the Court and the impugned judgment was silent to that effect---Police Official also acknowledged that he delivered 10 parcels and did not make entries of said parcels in the Roznamcha, however, the entries were made in register No.19, but such statement had no effect when neither the said register nor road certificate was produced in the Court to demonstrate that all required processes were completed in the best manner to exclude all kinds of doubts on the safe transmission and custody of the explosive material/substance---Resultantly, the recovery was inconsequential having no effect---Appeal against conviction was allowed, in circumstances.

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