Muhammad Zubair vs State S — 2025 YLR 1963 ISLAMABAD

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

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 Procedure Code (V of 1898), S. 103---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-association of private witnesses at the time of arrest and recovery---Effect---Accused were found in possession of a plastic bag containing 910 grams explosive substance, 10 detonators, 05 meters prima card wire, two 30-bore pistols with 19-live bullets---Section 103, Cr.P.C., requires that before making search under the said provision the office shall call upon two or more respectable inhabitants of the locality in which the place to be searched and recovery memo. shall be prepared which is required to be signed by such witnesses---Complainant could easily arrange the witness as he conducted raid on spy information---Even otherwise, complainant acknowledged that at the place of arrest in the surrounding area there was buildings and populations was there---At the time of arrest of present accused there were public as well---Similar aspect was also acknowledged by Investigation Officer---Said fact was further confirmed by another Police Official to the effect that the Investigation Officer did not ask anyone from the public who were present at the spot to become witness of the alleged occurrence---While considering those technical aspects and requirements of S. 103, Cr.P.C., all three prosecution witnesses stated that the public witnessed the raid/arrest, yet there was nothing available on record to even remotely indicate that the prosecution attempted to associate any independent/private witness, despite ample availability of the same---Impugned judgment was entirely silent on that point---Appeal against conviction was allowed, in circumstances.

Muhammad Zubair vs State S — 2025 YLR 1963 ISLAMABAD

Case information

Judgment text as reported

Other judgments reported in 2025 YLR