MUHAMMAD KHAN ALIAS AKHTAR MUHAMMAD vs STATE Ss — 2026 PCRLJ 548 QUETTA-HIGH-COURT-BALOCHISTAN

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MUHAMMAD KHAN ALIAS AKHTAR MUHAMMAD VS STATE Ss. 265-K, 435 & 439---Anti-Terrorism Act (XXVII of 1997), Ss. 11-F, 11-H, 11-J, 11-I, 11-K, 11-N & 7---Prohibition of acts intended or likely to stir up sectarian hatred, membership, support and meetings relating to a proscribed organization, collecting funds for a proscribed organization, act of terrorism---Acquittal of accused at any stage of trial---Scope---Application of the petitioner under S. 265-K, Cr.P.C, for his acquittal was dismissed by the Trial Court---Validity---Record transpired that in pursuance of secret information, the CTD Officials conducted a raid in the flat of petitioner, where they found the petitioner counting huge quantity of Pakistani currency---Search of flat was conducted, which resulted in recovery of cash amount of Rs.108,10101/-, record of several bank accounts, 26 cheque books and ATM Cards etc.---Besides, the petitioner (accused) being an active facilitator of proscribed organization i.e. Tehreek-i-Taliban Pakistan ("TTP") was also involved in collecting donations and extortion money from certain sources including Afghanistan, where he had another office, wherefrom his co-accomplice also sent money---Thus, under such circumstances, the innocence or guilt of the petitioner could only be determined after full-fledged trial and the examining the witnesses---Provisions of Ss.265-K, & 561-A of the Cr.P.C. should not normally be pressed into action for decision of fate of a criminal case particularly, when apparently there was probability of conviction after recording evidence---In the instant case, petitioner (accused) was arrested at the spot, not only huge quantity of Pakistani currency was recovered from his possession, but 26 bank accounts record, ATMs and ledger was also recovered---First Information Report was lodged promptly by nominating and ascribing specific role to the petitioner (accused) by the complainant and even under the law in such like cases, the sole testimony of a complainant was enough for conviction, if it was truthful and confidence inspiring---As such, the Trial Court had rightly exercised its powers by not allowing the application under S.265-K Cr.P.C., as sufficient evidence was available on record connecting the petitioner (accused) with the commission of crime and the petitioner (accused) could not take the advantage of his acquittal in another crime, when the entire scenario was altogether different from the case in hand---Petitioner-accused had failed to point out any illegality or irregularity in the order passed by the Trial Court requiring interference of High Court---Petition being not maintainable was dismissed, accordingly.

MUHAMMAD KHAN ALIAS AKHTAR MUHAMMAD vs STATE Ss — 2026 PCRLJ 548 QUETTA-HIGH-COURT-BALOCHISTAN

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