ABDUL MAALIK GADDI, J.---Applicant Abdul Razzak son of Manzoor Ali, seeks post arrest bail in case under FIR No,169/2016 dated 10.9.2016 registered under Section 4/5 of Explosive Substance Act read with 7 Anti-Terrorism Act, 1997 at Police Station Bin Qasim, Karachi.
2. Brief facts of the prosecution case are that on 10.9.2016 at about 0105 hours, complainant SIP Syed Zahid Hussain Shah lodged FIR No,169/2016 under section 4/5 Explosive Substance Act read with 7 Anti-Terrorism Act, 1997 at Police Station Bin Qasim, Karachi stating therein, that on same day viz. 10.9.2016, in between 0000 to 0030 hours, an arrested accused namely Abdul Razzaq son of Manzoor Ali led the police party towards Railway Line, Ghora Pul near Pipri, Bin Qasim, Malir, Karachi, whereby, police officials dug the earth, upon the pointation of said arrested accused and got secured two white color shoppers containing Ball Barings, off-white color Explosive Powder, one orange colour Detonating Cord and non-electric Detonator (having silver colour). Thereafter, SIP Syed Zahid Hussain Shah sealed the recovered Explosive Materials on the spot. Later on, he got registered the FIR against the said applicant.
3. Bail application on behalf of applicant/accused was moved before the trial Court which however, was dismissed by the trial Court in Special Case No,1896/2016 vide order dated 07.4.2017 and now the instant bail application has been moved.
4. It is contended by the learned counsel for applicant that applicant/accused is innocent and he has been falsely implicated in this case by the police with mala fide intention and ulterior motives.
She further contended that the alleged recovered explosive materials were not recovered from the place in exclusive possession of applicant and the same were foisted upon him by the police. It is further argued that no independent person of the locality has been cited as a recovery witness, false implication of the applicant/ accused in this case could not be ruled out. She argued that before to the alleged incident, the applicant was in the custody of Ranger officials and his custody was handed over to the police for fixing him in this case. She further argued that challan has been submitted and applicant/accused is no more required for investigation. Lastly argued that it is yet to be determined at the time of trial whether the applicant/accused has committed the offence as alleged in the FIR or otherwise till then according to her the case of the applicant requires further probe and this applicant is entitled for grant of bail. In support of her arguments, she has relied upon the case law reported in (1) 2017 SCM R 560 - Muhammad Noman v. The State, (2) 2015 PCr.LJ 747 - Shan v. The State, (3) 2010 M LD 173 - Zainul Abidin v. The State and (4) 2009 PCr.LJ 381 - Muhammad Khalid Qureshi v. The State.
5. Conversely, learned Special Prosecutor has opposed this bail application on the ground that applicant/accused himself led the police party towards Railway line, Ghora Pul near Pipri and upon his pointation police dug the earth and recovered dangerous explosive materials in presence of Mashirs. According to him, the recovered material was sent to Additional Director, FIA, Counter Terrorism Wing, FIA Headquarter, Islamabad for examination/report of the explosive material is positive. Learned DPG argued that act of applicant/accused falls within the ambit of Sections 6/7 of ATA, 1997, and applicant is not entitled for bail. In support of his arguments, he has relied upon the case law reported in 2010 SCM R 1744 - Javid-ur-Rehman and another v. The State and 2013 YLR 1364 - Abdul Sattar and 2 others v. The State and the reported bail order of Hon'ble Supreme Court of Pakistan in Criminal Petitions Nos,266 and, 267/2014 dated 02.7.2014.
6. We have carefully heard the learned counsel for the parties and perused the relevant record.
7. From the contents of the FIR and the other material/report collected during investigation it transpires that when applicant was in custody in Crime No,96/2016 of PS Bin Qasim, Karachi, he had led the police party headed by SIP Syed Zahid Hussain Shah towards railway line, Ghora Pul near Pipri, Bin Qasim, Malir, whereby, police officials dug the earth, upon the pointation of present applicant and recovered two white colour shoppers, which contained ball barings, off-white colour explosive powder, one orange colour detonating cord and non-electric detonator (having silver colour), in presence of Mashirs namely HC Shahid Pervez and HC Shamshuddin, who had no enmity with the applicant/accused. It also transpires from the record that recovered material was sent to Additional Director, FIA, Counter Terrorism Wing, FIA, Islamabad for examination/report of the explosive material recovered on the pointation of applicant and such report is on record, which is positive. In the report, it has been observed as under: "Result: Alarm detected and identified as "POTASSIUM CHLORATE". This was homemade explosive having potassium chlorate as its main ingredient (as an Oxidizer) mixed with suitable fuel element.
Potassium chlorate when mixed with a suitable fuel, form an explosive material, a so-called Sprengel explosive. Mixtures of potassium chlorate with plasticizers (such as wax) were the most common type of plastic explosive used, often filling grenades and other munitions. When used in explosives as an oxidizer, the explosive is low order meaning it burns rapidly rather than explodes.
When mixed with a plasticizer, it may become high order, requiring a blasting cap (generally a commercial No-8) to detonate properly. However, potassium chlorate is commonly used by the terrorists in preparation of homemade explosives.".
8. Law and order situation in Karachi is deteriorating. As observed above, dangerous explosive material was recovered from the pointation of applicant. It is a grave offence, punishable for a term extending to ten years. The Hon'ble Supreme Court of Pakistan in Cr. Petitions Nos,266 and 267 of 2014 has observed as under: "The petitioner seeks bail in two FIRs bearing Nos, 854 and 855 of 2013, registered on 13.12.2013 at PS CID, West Karachi. The reason why we had found it necessary to issue notice to the State is noted in our previous order dated 17.06.2014. Today the Deputy Prosecutor General, Sindh has appeared and has pointed out that the occurrence too place on 13.12.2013 at 11:00 p.m. and FIR was lodged on the same day at 11:50 p.m. The petitioner Muhammad Adnan was also arrested on the same day and physical remand for seven days was obtained from the competent Magistrate on 14.12.2013. Two live hand grenades in addition to arms and were recovered from the petitioner which were subsequently, defused by Bomb Disposal Squad.
2. The offence is punishable for a term extending to ten years. Even otherwise, having such ammunition is a grave offence undermining the law and order situation in Karachi.
3. For the foregoing reasons, we find the impugned order to be proper. We, therefore, find no justification for interfering in the same. Consequently, these petitions are dismissed and leave to appeal is declined."
9. It has vehemently been argued by the learned counsel for applicant that in this matter, no private person has been cited as a witness and the whole case of the prosecution rest upon the evidence of police officials. Therefore, according to her, false implication of the applicant in this case cannot be ruled out and thus, applicant is entitled for bail. We have, however, not felt persuaded to agree with the learned counsel for applicant in this regard. It is settled law that police personnel are as good witnesses as any other persons and private persons of the locality were not required in the case of recovery, where accused himself led the police to particular place; and had got explosive substance recovered in true spirit of Article 40 of the Qanun-e-Shahadat Order 1984.
10. In this matter, challan has already been submitted, at this stage, deeper appreciation of evidence is not permissible. Prima facie, there appear reasonable grounds for believing that applicant/ accused has committed the alleged offence. For the above stated reasons, bail application is dismissed. However, trial court is directed to decide the case within two months, after receipt of this order, compliance report be submitted to this Court through learned MIT for perusal.
11. Needless to mention here that observation made herein above are tentative in nature and would not influence trial Court while deciding the case of the applicant/ accused on merits.