ZAHEER AHMED @ GUL S/O GHULAM NABI (Appellant) VS THE STATE (Respondent)

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IN THE HIGH COURT O F SINDH KARACHI

Pre*nt:

Y Mr. lastice Mohamtnail Kaim Khan Agha Mn I ustice Arshail Huss ain Khnn"

Spl. Criminal ATA No.212 of 2O19.

Spl. Criminal ATA No.213 of 2O19.

Spt. Criminal ATA No.214 of 2019.

Appellantr Zatrercr Ahmed @ Gul S/o. Ghulam Nabi through Mr. Nasir Mahmood, Advocate'

State/Complainanh Through Mr. Saadat AIi, Special Public Frosecutor Rangers.

Mr. Muhammad Iqbal Awan, Additional f'rosecutor General Sindh.

Date of Hearing: 15.72.2027

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Date of Judgment: 77.72.2027

IUDGMENT

MOH KHAG HA.hTheA ppellant Zah*r Ahmed @ Gul Karachi in S/o. Ghulam Nabi was convicted in the Anti-Terrorism Court No'X' substance special cases No.1194l2018 in crime No.129l2018 U /s.4/5 Explosive Act r/w section 7 ATA, 7gg7, Special Case No'1194'A of 2018' Crime No.130/2018 U/s. 23(1)A of Sindh Arms Act, 2013 and Special Case

Act r/w No.1195/2018, Crime No.131/2018, lJ/s'4/5/6 Explosive Substance dated section 7 ATA,1997, tegSstered at P'S, CTD/OI6, Karachi vide Judgment as under:- 37.07.2lL9;whereby the appellant was convicted and sentenced

1.The accused Zahwr Ahmed @ Gul S/o' Ghulam Nabi was convicted "74" yeats' U/s.7 (f$ of ATA, 1997 and'sentenced to undergo R'I' for was also 2' The accused Zahrxer Ahmed @ Gul S/o' Ghulam Nabi Act' 2013 and convicted for tie offence U/s' 23(i)A of Sindh Arms of Rs'200'000/-' In sentenced to ,nJ",go R'I' for "1'4" yeats with fine

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default in payment of such fine he shall suffer further R.I. for "01" yeat more,

3.The accused Zaheer Ahmed @ Gul S/o. Ghulam Nabi was also I convicted U/s.7 (ff) of ATA, 7997 and sentenced to undergo R'I' for "1'4" years,

All the above sentences were directed to be run concurrently. Benefit of Section 382-B Cr.P.C. was also extended to the appellant'

2.The brief facts of the prosecution case are that on 26.10.2018 at about 0130 hours, Rangers Inspector Saqib Iqbal of 63 Bhittai wing Karachi recorded his statement U/s. L54 Cr.PC wherein, he stated that on such day, he was on patrolling duty along with his subordinate staff in Government Mobile No.91289. During patrolling duty, within the jurisdiction of District Malir, Karachi, Rangers Inspector Saqib Iqbal received spy information that some terrorist+ affiliated with Lyari Gang war were available at Mola Ram Compound near Tayyaba Masjid, Malir, Karachi and they were selling contrabands and Arms and Ammunitions iltegally and they were using the amount received from such the illegal business for aiding Anti-State elements' On such spy information complainant immediately informed his superiors, who deputed'04' Ranger

Mobiles and one Mobile of CTD for his suPPort' At about 0050 hours' Ranger

officials reached at the pointed place along with CTD officials, after reaching there, t-hey encircled one House No.M-193, near Tayyaba Masjid' Memon Goth' already Malir, Karachi where, the complainant found the main Gate of the house apprehended one oPery as such they entered into the house and the complainant his name person, who was coming from inside a room, who on inquiry disclosed then to be Zaheer Ahmed @ Gul S/o' Ghulam Nabi' The Rangers Inspector one Hand conducted personal search ol Zaheer Ahmed @ Gul and recovered Grenade from the right pocket of his kamee z, having brown colored body and

ARGES, HDGR-69 was written on it, where U/P ARGES was wtitten on its green also colored Assembly. Upon his further personal search' the complainant having "03" live recoveredone pistol of 32 bore along with loaded magazine .( and Caliber 7'6 rounds from the right fold of his worn shalwar bearing No.7698 mm,madeinPakistanwasalsowrittenonthesaidpistol'Thecomplainantalso of the recovered inquired form the apprehended accused regarding valid license failed to produce the pistol and permit for keeping the Hand Grenade but he searching the, same. Thereafter, the Rangers as well as Police officials started

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room of the said House and when they opened a wooden Almirah affixed in the wall of the room, they also secured one unlicensed SMG (close Butt) along with telescope and magazine, one unlicensed'222borc rifle (close Butt) along with 02

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magazines, one222bore rifle along with magazine, one 32 bore pistol along with magazine, one rifle oI 12 bore (single Barrel), 160 live rounds of SMG, 40 live rounds of 222bore rifle, 06 live rounds of 32 bore Pistol, 21 live cartridges of 72 bore rifle, one black colored wallet having Police Card, other documents and LTV license so also secured one Police Unilorm of an Inspector Rank Police officer, 03 Police Caps, 02 Holsters, 02 Police Shoes and one Chittar (stick) from inside the said Almirah. Moreover, curency notes of different countries viz' US $ 101, 300 Omani Riyal, 01 Saudi Riyal, 20 Indian Rupees, 06 Irani Riyal' 1000 Afghanistani currency, 01 Hong Kong Dollar, 02 Malaysian Currency and 18 Bangladeshi Taka were also recovered from inside said Almirah. on inquiry, the apprehended accused disclosed that his other accomplices might be available in

the neighboring House bearing No.M-193-A and he could get them arrested' As such, Rangers/Police officials entered into said house on the Pointation of the

apprehended accused from inside the House No'M-193 but nobody ]' was

available inside the said house, at that moment but there were sigrs of persons

living there. The apprehended accused further disclosed that his accomplices Baloch namely Javed Iqbal, Saleem @ Waja, Muneer Khan, Asid Dacoit' Mumtaz and Mushtaq Sarki had absconded away from that house' due to prior

information of such raid. The Rangers Inspector then recovered "03" Sacks

(Katte) from front side of T'V. Trolly like Almirah containing approximately 02 packets KGs of Explosive substance. The Ranger/Police officials also secured the said T'V' Trolley' of Charas (wrapped in yellow and white colored tape) from that CTD approximately 02 Kgs. The complainant further stated in his statement sealed the officials checked the recovered articles and SHO/PI Rana AshIaq Therealter, the recovered arms and ammunitions separately in 03 cloth parcels. of complainant called the BDU on the spot for inspection and examination Rana Ashfaq then recovered Hand Grenade and Explosive Material. SHO/PI signatures of { prepared memo of arrest, recovery and seizure and obtained memo. SHO/PI Rana Ashfaq then returned to CTD Civil Lines' Mashirs on such police papers' where Karachi along with custody of accused, case property and between 0220 lo 0300 hours, statement of the complainant u/s 154 Cr'PC was

No'129/2018 U/s' 4/5, incorporated into "03" seParate FIRs bearing Crime

Explosive Substance Act, R/w 7 ATA,1997, Crime No'130/2018 U/s 23(i) A of sindh Arms Act,2013 and Crime No.131/2018 U/s.a/5/6 Explosive substance Act, r f w section 7 AT A, 1997.

3.After usual investigation the matter was challaned and the appellant was sent up to lace trial. He pleaded not guilty and claimed to be tried' 4.InordertoProveitscase,theprosecutionexamined0gwitnessesand his exhibited various items and other documents. The appellant recorded leveled statement under Section 342 Cr.P.C. whereby he denied the allegations police and against him by the prosecution and claimed false implication by the the rangers. He did not examine himself on oath or call any DW in support of his

defence case.

5.AIter appreciating the evidence on record, the leamed trial court judgment and convicted and sentenced the appetlant as set out earlier in this and sentences' hence, the appellant has filed these appeals against his convictions

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the trial court

6.The facts of the case as well as evidence produced before passed by find an elaborate mention in the impugned judgment dated31"07'2019 here so as to avoid the trial court and, thetefore, the same may not be reproduced duplication and unnecessary repetition'

the appellant is

7.Learned counsel for the appellant has contended that falsely implicated in this completely innocent of any wrong doing and has been case by the police and the rangers on the orders of their superiors in order to in the evidence of the show their efficiency; that there are material contradictions alleged place oI prosecution witness especially with respect to the BDU expert's the mashirnama is a inspection of the recovered grenade and explosives; that jointone as opposed to two seParate mashimama's being made for each recovery the appellant should be at each house and that for any of the above reasons { acquitted of the charges by extending him the benefit of the doubt. In support of hiscontentionsheplacedrelianceonthecasesofAbdulBasitversuetheState (2018SCMR1425)andAnwatHussainandothersvergugtheState(2019YLR 171n.,1

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8.On the other hand learned special Prosecutor Rangers as well as learned Additional Prosecutor General have contended that the appellant was arrested on the spot from where large amounts of arms, ammunition and explosives were r recovered from his person/ the cupboard of his house and on his pointation the adjoining house within the same comPoundi that all the witnesses are reliable, trust worthy and confidence inspiring and there evidence can be believed; that there was no need for separate mashirnama's as both the areas where the arms and explosives were recovered from were within the same compound and as such the prosecution had proved its case beyond a reasonable doubt and the appeals should be dismissed. In support of their contentions they placed reliance on the cases of Muhamamd Yaqoob versug the State (2020 SCMR 853), Asif and others versus the State (2020 SCMR 610) and Hakim Khan versus the State

(2073SCMF.7Z-.

g. We have heard the parties and gone through the evidence and the impugned judgment with their able assistance.

10.We find. that the prosecution has proved its case against the appellant beyond a reasonable doubt in respect of alt the offences for which he was charged for the following reasons;

(a)That the complainant recorded his Section 154 Cr'PC statement on the spot immediately alter the arrest and recovery which was lodged as FIR's with extreme promptitude and thus there was no time for the complainant to cook up a'falseiase with the police in order to falsely implicate the aPPellant. The aPpellant has been named in the FIR with a specific role'

(b)That the complainant as recorded in the FIR had received spy his in-formation that the appellant was selling weaPons and narcotics from house which turned o* to be co*ect ur *h"t the rangers and the police raided the appellants house they found amu' anununitioo explosives' charas and money in different currencies'

(c)That the appellant was arrested red handed on the spot from his house irom where large recoveries of arms, arrununition and charas were made. onhisarrestonthespothewasalsofoundtobeinPossessionofan { unlicensed pistol and a hand grenade for which he did not have a permit' large He was also a serving police olficer which would enable him to keep caches of weapons without undue suspicion'

(d)That on his arrest on the sPot the appellant immediately took the ,*g"r, and police to another part of the house/compound where he which, po;-It"d out a place where a hidden stash of explosives was kept

was a place which only he could have known about and as such there was no chance of foisting tirese explosives which were in huge quantities along with bolts and ball bearings. iven otherwise it is not possible to foist such a large amount of explosive material which it aPPears from the recovery r of nrits and bolts ut d butt bearings were intended to be used in terrorist attacks which might have caused massive loss of life'

(e)That all PW's gave there evidence in a straighdorward manner' corroborated each other, were not damaged during cross examination and although some of them were police/rangers witnesses no ill will or enmity has been suggested against them by the appellant and as such it is

well settled by now that in such situations the evidence of police wifrresses is as good as any other witness and can be relied upon and we do rely on the same, In this respect reliance is placed on the case of Mushtaq Ahmed V The State (2020 SCMR 474)'

(f)That all the PW's are consistent in their evidence and even if there are as some contradictions in their evidence we consider these contradictions minor in nature and not material and certainly not of such materiality so

as to effect the prosecution case and the convittions of the appellant' In this respect reliance is placed on the cases of Zakir Khan V State Supreme Court SCMR iZOll anaKhadim Hussain v. The State (PLD 2010 i 569).The evidence of the PW's provides a believable corroborated by the unbroken chain of events from the receipt of the spy information police and complainant to him calling for back up to him and other making the ,ur,g"r, raiding the house of the appetlant and arresting and recoveries from the appellants putt of the house on the spot to the where on his appellant taking tft"m'io another part of the compound making pointutior, he revealed where a massive amount of explosive material had been hidden.

were all found

(g)The recovered weaPons (except one) as per FSL report was found to be to be in working condition, ih" ,utot'""d hand grenade material as BDU report the live and containing explosive Per .and as per forensic rePort' recovered explosive material were all found to be so case where the

(h)Based on the particular facts and circumstances of this recoveries were all made from one house with one entrance within the same comPound we find that there was no need for there to be separate was legally mashimama's of recovery and that a joint mashimama justified.

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did

(i)That the appellants' case is one of false implicant" 1TP^':1",:'He ot rus delence ,,o, gi"" e.ridence under oath or call any DW in support case that he was uff"g"dl-yli.ked up from hi9 house a few days before the raid by the rangers u"Jtia tjt u"y of his brothers who wereweliving ""t As such find with him in the same h;";;gir" evidince to this effect. face the defence case is th;ly;;i"r thought which we disbelieve in the

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of reliable, trust worthy and confidence inspiring eye witness evidence along with the recoveries made at the scene and positive FSL and forensic reports.

r 11.. Thus, the appeals are dismissed however the appellant shall have the benefit of s.382 (B) cr.PC.

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GE

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Muhannad Aif