Waris Khan vs State S — 2026 YLR 337 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2026 YLR 337 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2026
Reporter: YLR
Parties: Waris Khan vs State S
Subject matter: Criminal
Provisions referred to: S. 7; S. 23; S. 6; Explosive Substances Act (VI of 1908); Sindh Arms Act (V of 2013); Anti-Terrorism 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

Waris Khan VS State S. 7(ff)---Explosive Substances Act (VI of 1908), Ss. 4 & 5---Sindh Arms Act (V of 2013), S. 23(1)(a)---Explosive substance, recovery of---Appreciation of evidence---Benefit of doubt---Act of terrorism not proved---Explosive substance was alleged to have been recovered from accused which were to be used in the commission of targeting government installations and destabilization of peace in the country---From the perusal of the record, it transpired that although a generalized charge was framed that the appellants kept hand grenade of explosive substance in illegal custody with intent to target government installation and were arrested after successful recovery of hand grenades---However, the prosecution had failed to produce direct or tangible evidence to attract any of the ingredients as prescribed in S.6(1) or (2) of the Anti-Terrorism Act that might have termed it act or design of terrorism---Even no specification of government installation had come on record nor it was adduced by the prosecution witnesses nor it was corroborated from material on record with the exception of recovery of such impermissible explosive substance or arms---In the present case, there was no cogent evidence to demonstrate that the offence was committed with the objective or purpose of terrorism in the manner contemplated by Section 6(1)---Therefore, the attempt to prosecute the appellants under the Anti-Terrorism Act framework was legally misconceived and unsupported by the factual matrix---Accordingly, sentencing under S.7(ff) Anti-Terrorism Act was not sustainable in law and could not be upheld---Appeal was disposed of.

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