Tariq Iftikhar Ahmad, J.--Rab Nawaz. (herein after appellant) was tried in case FIR No, 150/2010 dated 04.05.2010 under Sections 3/4 of Explosive Act, read with Section 7 of Anti Terrorism Act, 1997 and Section 9-B of the Control of Narcotics Substances Act, 1997, Police Station Taunsa Sharif, by the Special Court constituted under the Anti Terrorism Act, 1997 and was convicted as under:-- "U/S. 4 of ExplosivaAct, 1908 imprisonment for life. u/S. 9-B of CNSA imprisonment for 5 years RI and a find of Rs, 50,000/-. In default of payment the accused was ordered to further undergo for 6 months SI.
Both the sentences were ordered to run concurrently. Benefit of Section 382-B Cr.P.C. was also extended to the appellant."
2. The appellant has come up in this appeal under Section 25 . of the Anti Terrorism Act, 1997 on various grounds, contending that he is innocent, wrongly roped into criminal case, although prosecution completely failed to prove charge against him yet on account of not taking into consideration material contradictions in the prosecution evidence and extending benefit of doubt, the appellant was held guilty and convicted as mentioned above. Appellant has sought his acquittal and that the impugned judgment dated 10.06.2011 be set aside.
3. We have heard arguments addressed by learned counsel for the appellant, learned D.P.G. and carefully scanned the record.
4. Learned counsel for the appellant at the very outset stated that the contents of FIR are neither logical nor plausible, nor appeal to mind, still the appellant who first was presented as informer to a police party that there was some narcotics and he could lead to get recovery of the same, however, police converted him into accused and despite recovery of narcotics, coupled with explosive substance etc. from the Rikshaw of Muhammad Ramzan (PW-9) roped the appellant as accused while putting up motive that as appellant's niece Sughran Mai entered into run away marriage .with Abdul Rehman brother of said Muhammad Ramzan, the appellant to take revenge got planted the narcotics and explosive substance in the Rikshaw of Muhammad Ramzan through co-accused Jahanzeb, Allah Bakhsh and Ahmed Nawaz, tried and acquitted vide impugned judgment. Further stated that neither the motive part was proved nor any evidence was adduced that the appellant instigated his co-accused to plant these articles in the Rikshaw of Muhammad Ramzan, yet the learned trial Court on surmises and conjectures acquitted afore-named co- accused and convicted the appellant while ignoring serious and material contradictions, lack of prosecution evidence and 'rendering the impugned judgment of conviction which is liable to be set aside and appellant deserved to be acquitted.
5. Learned Law Officer defended the impugned judgment and stated that there might be some discrepancies between the statements of PWs but these are not going to create any benefit for the appellant. Further stated that police party who was brought by the appellant himself to involve Muhammad Ramzan (PW-9) as accused in this case to satisfy his own grudge but when police as investigating agency conducted interrogation unearthed the truth and found the accused involved in this case, challaned him and through trial proved the charge framed against the accused, hence, sought that the appeal may be dismissed.
6. We have given careful consideration to the arguments, analyzed the record.
7. FIR No, 150/2010 was registered on 04.05.2010 on the basis of complaint Ex.PB/1 chalked out by Abdul Haq S.I. P.S. Taunsa Sharif (PW-8). The facts in brief of the FIR are that appellant approached police party which was present at Chauk Police Station Mangrotha road headed by Abdul Haq S.I. on 4.5.2010 at 3.00 p.m. and informed that appellant could lead to the police party to the recovery of narcotics, resultantly on the pointation of appellant a motorcycle Rikshaw without number plate was checked by the police party but nothing was recovered. Thereafter the appellant pointed out that a black shopper was fasten with back side stupny (extra wheel) of the motorcycle Rickshaw.
Thereafter the accused slipped away and when the. shopper bag was opened one hand grenade (P1), one hand grenade detonator (P2), non-electric wire (P3/1-2), one safety fuse (P4) and one high' explosive in two packets (P5) were found and taken into possession vide recovery memo Ex.PD. Charas weighing 500 grams was also found and taken into possession through recovery memo Ex.PC. It is also narrated in the FIR that when Muhammad Ramzan Rikshaw driver was interrogated he expressed his ignorance about the recovered articles and deposed that two passengers boarded on the Motorcycle Rikshaw and dropped at Janaz Gah Mangrotha road and further that articles might be belonged to them. Thereafter the appellant was arrested and disclosed that in fact Abdul Rehman brother of Muhamniad Ramzan contracted run over marriage with Sughran Mai niece of appellant and in order to take revenge he in collusion with co-accused Jahanzeb, Allah Bakhsh and Ahmed Nawaz who planted these articles with the motocycle Rikshaw of Muhammad Ramzan.
8. After registration of FIR and completion of investigation report. under Section 173 Cr.P.C.. was submitted to the trial Court for for trial of four accused.. Charge against him was framed on 15.03.2011 and thereafter prosecution was asked to produce evidence. The prosecution examined as many as 10 witnesses and further adduced documentary evidence. Statements of accused were also recorded through which they claimed innocence and all these proceedings were followed with the impugned. judgment dated 10.06.2011, three co-accused were acquitted, however, appellant was held guilty and convicted as mentioned above.
9. Careful scanning of entire record shows that there was a motive set up as mentioned above that to satisfy his grudge. Vendata and grievance against Abdul Rehman brother of Muhammad Ramzan (PW-9), the appellant got planted explosive and narcotics in the Rikshaw of said Muhammad Ramzan through Jahanzeb, Allah Bakhsh and Rabnawaz, but not an iota of evidence was produced and that how these three acquitted accused were instigated by the appellant to plant these articles with the motorcycle Rikshaw belonging to Muhammad Ramzan which he is using as driver. There was no evidence neither any investigation was conducted by the investigating agency as to whether there was any truth in the motive as set up/narrated in the FIR.
There was not an iota of evidence that explosive and narcotics were planted by the appellant through his co-accused with the motorcycle Rikshaw of Muhammad Ramzan.