HABIB-UR-REHMAN Versus State

ORDER

1. SHAHID ANWAR BAJWA, J.--- F.I.R. No.189 of 2011 was registered on 12-5-2011. Complainant, Inspector Alemgir, stated that he arrested a person after an encounter from Frontier Colony and recovered from him unauthorized weapon and one hand-grenade from right side pocket of his shirt in presence of witnesses.

2. Learned counsel for the applicant submitted that the applicant is in custody since 28-4-2011 and in this regard he referred a Roznamcha Entry of Police Station, where it was alleged that on 28-4-2011 some persons entered his house and took away his brother, Habib-ur-Rehman. He further submitted that one private witness Muhammad Ali whose name has been stated in F.I.R. stated that he is resident of Gulistan-e-Jauhar. Learned counsel submitted that under section 7 of the Explosive Substances Act, 1908 permission of Provincial Government must be obtained before trial of any person under the Explosive Substances Act, 1908. He submitted that no such permission has yet been obtained. Learned counsel relied upon the cases of Karamat Khan v. The State (2011 YLR 1390) and Muhammad Asif v The State (2006 PCr.LJ 1786)

3. After the learned counsel had concluded his arguments on 1-11-2011, learned A.P.-G requested that matter be adjourned to procure the attendance of I.O. Consequently, matter was adjourned to 2-11-2011. Today I.O. Raja Tariq Mehmood appeared in Court and stated that, no permission under section 7 of the Explosive Substances Act, 1908 has yet been received, although letter has been written to the higher authorities for grant of such permission.

4. I have considered the submissions. The present applicant was arrested on 12-5-2011 and the authority has not been able to grant permission for prosecution as required by section 7 of the Explosive Substances Act, 1908. In Muhammad Asif's case Hon'ble Mr. Justice Anwar Zaheer Jamali acting as a Single Judge of this Court (as his lordship then was and now his lordship graces the Supreme Court) has observed that non-availability of sanction/ consent of the Provincial Government under section 7 of Explosive Substances Act, 1908, makes the case of further enquiry.

5. In view of above, this application is allowed. The applicant is ordered to be admitted to bail upon executing a P.R. bond for a sum of Rs.100,000 with one surety in the like amount to the satisfaction of the trial Court.

6. N.H.Q./H-29/K Bail allowed.