246/2018 Spl.Cr.A.T.A. Syed Rehan Zaidi alias Ali Buddha (Appellant) V/S The State (Respondent)

Sindh High Court2019

Bench: Hon'ble Mr. Justice Naimatullah Phulpoto, Hon'ble Mr. Justice Irshad Ali Shah(Author)

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246/2018 Spl.Cr.A.T.A. Syed Rehan Zaidi alias Ali Buddha (Appellant) V/S The State (Respondent) Sindh High Court Bench: Hon'ble Mr. Justice Naimatullah Phulpoto, Hon'ble Mr. Justice Irshad Ali Shah(Author) Order Date: 04-JUL-19 Appellant by way of appeals has Challenged the judgment Where he was Convicted for the offence U/s 7(h) of ATA, 1997 R/w section 353/324 PPC. Appellant allegedly was apprehended by police party of police station Mochko, Karachi led by SIP Khadim Hussain after encounter and on search from him were secured one unlicensed 30 bore pistol. Memo of arrest and recovery so prepared by them allegedly at the place of incident after encounter does not contain time of its preparation. Such omission could not be overlooked. Admittedly none sustained fire shot injury as result of such encounter. The change of serial numbers of the pistol and hand grenade have made the very recovery to be doubtful. No independent witness was examined by SIO. It was obviously table investigation In these circumstances. Appeals are allowed.
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