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; S. 7; B---Explosive Substances Act (VI of 1908); Pakistan Arms Ordinance (XX of 1965); Anti-Terrorism Act (XXVII of 1997); Explosive Substance Act

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 & 7---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---Restriction on trial of offences---Failure to get permission from the competent authority for prosecution---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---In the present case, the accused were also charged with Ss.4 & 5 of Explosive Substance Act, 1908---However, the said law was to be applied after fulfillment of requirement of S. 7 of the Act---While dealing with the said provision of law, the stance taken by the Investigation Officer was silent with reference to receiving of any sanction at the first stance from any government or any authority under the law---Even the Investigation Officer was negligent who had not referred a single request within two days of registration of case for sanction to be obtained---Legislative intent if seen in the provision highlighted with the use of word "shall" reflected mandatory provision of law that must be complied with---Thus, the entire prosecution conducted under charges of 4 & 5 of Explosive Substance Act, 1908, crumbled down---Appeal against conviction was allowed, in circumstances.

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