YAQUB NASIR Versus THE STATE

MUHAMMAD AMIR MALIK, J--- -Special Court No.IV Suppression of Terrorist Activities. Lahore Division, Lahore, vide judgment, dated 4-3-1991, convicted the appellants under section 399, P.P.C. each with a sentence of 10 years' R.I. and a fine of Rs.30,000 or in default thereof one year's R.I. each. They have filed separate appeals (Criminal Appeals Nos.436 of 1991, 364 of 1991. 478 of 1991, 541 of 1991 and 746 of 1993). it is proposed to dispose of all the appeals by a single judgment.

2. Shakil Ahmad Zafar, Inspector/S.H.O., Police Station Chuhng (P.W.3) on 17-3-1990 alongwith his police party conducted a raid at 12-15 a.m. near Government High School, Ali Raza Abad, where all the appellants were present carrying fire-arms. They were arrested and the fire arms recovered.

3. At the close of the trial Yaqoob Nasir, appellant pleaded that he was a student of Diyal Singh College, Lahore during the days of occurrence and a member of M.S.F. He was arrested by the police from his house in the first week of February, 1990, kept at different places and falsely involved in the case as his friend had a quarrel with the Police in Lakshami Chowk, Lahore. Maqbool Ahmad, appellant stated that he was employed in Khan Baba Hotel, Chowk Chauburji, Lahore wherefrom he was arrested and falsely involved. Muhammad Razzak, appellant pleaded that he was arrested by the police two months before the occurrence and then falsely involved. Muhammad Jamal, appellant stated that he was coming from Sahiwal in the month of February, 1990 when his pocket was picked and had altercation in the area of Police Station Chuhng in the bus wherefrom he was hauled up and involved in the case. Waheed Butt stated that he was involved due to the enmity of his opponent of the Mohallah.

4. The prosecution produced Muhammad Azeem, A.S.I. and Shakil War, D.S.P. (P.Ws. 1 and 3) to prove the raid and the recovery of the fit arms from the appellants. It is clear from the statements that on secret information they conducted the raid near the High School where the appellants were present with the fire-arms. Beyond this there is no evidence. There is also no evidence that the appellants had history of dacoities or illegal activities or there was some suitable subject for dacoity near the place of arrest. In the circumstances, it cannot be said, as correctly contended by the learned counsel for the appellants, that there was any preparation for committing of dacoity.

5. The appeals are, therefore, accepted. The conviction and the sentences are hereby set aside and the appellants stand acquitted of the charge. They be set at liberty forthwith, if not required to be detained in any other case.

N.H.Q./Y-17/L Appeals accepted.