Asjad Javaid Ghural, J.--Through this criminal appeal under Section 410, Cr.P.C. read with Section 25 of the Anti- Terrorism Act, 1997 appellant Ibrar Hussain has challenged the wires of judgment dated 27.06.2019 passed by the learned Judge, Anti-T errorism Court-II, Gujranwala in case FIR No. 18 dated 03.06.2019, in respect of offences under Sections 11-F(2)(5)(6), 11-H, 11-I, 11-J, 11-N '& 8/9 of the Anti-T errorism Act 1997, registered at Police Station, CTD, Gujranwala whereby he was convicted and sentenced as under: "Under Section 8 of the Anti-T errorism, Act, 1997 read with Section 9 of Act ibid Rigorous imprisonment for one year with the fine of Rs. 10000/- and in case of default, to further undergo simple imprisonment for one month.
"Under Section 1 1-F(5) of the Anti-T errorism Act, 1997 Rigorous imprisonment for one year with the fine of Rs. 10000/- and in case of default, to further undergo simple imprisonment for one month ...
"Under Section 1 1-H of the Anti-T errorism Act, 1997 read with Section 1 1-N of Act ibid Rigorous imprisonment for five years with the fine of Rs. 25000/- and in case of default, to further undergo simple imprisonment for two months.
"Under Section 1 1-I of the Anti-T errorism Act, 1997 read with Section 1 1-N of Act ibid Rigorous imprisonment for five years with the fine of Rs. 25000/- and in case of default, to further undergo simple imprisonment for two months.
"Under Section 1 1-J of the Anti-T errorism Act, 1997 read with Section 1 1-N of Act ibid Rigorous imprisonment for five years with the fine of Rs. 25000/- and in case of default, to further undergo simple imprisonment for two months.
The appellant was given the benefit of Section 382-B, Cr .P.C. All the sentences were directed to ran concurrently .
2. The prosecution story unfolded in the crime report is that on 03.06.2019 at 01:00 p.m., complainant Muhammad Umar Corporal, (PW-2) alongwith other police contingents was present near Pakis tan Medical Complex Main G.T.
Road, Gujranwala. in connection with checking and search of members of proscrib ed organizations, where, source met him and informed about a person, belonging to proscribed organization, who was collecting fund for the banned organization and distributing banned books containing hate material whereupon the complainant sent Akbar Hussain, Corporal by giving him a currency note of Rs. 500/- bearing Serial No. CH6222397 duly signed by him, as a common citizen for depositing fund and bringing banned book, who came back after sometime and produced him a receipt of said fund and banned book. Thereafter , the complainant alongwith other police contingents conducted raid and apprehended the appellant and upon his personal search, got recovered two books of "Firqa Sofia Ka Tehqiqi Jaizd ", from a white coloured shopping bag holding in his right hand and upon his further personal search, a receipt book for collection of fund for proscribed organization "Jash-e-Muhammad " alongwith blue coloured carbon paper , blue coloured ball point and amount of collected fund as Rs. 41000/- alongwith his CNIC were recovered. The inspection of said receipt book had shown the receipts were issued from receipt book and the amount mentioned on the receipt book was the same as was recovered from the appellant whereas last receipt was issued in the name of Akbar Hussain, which he obtained after depositing Rs. 500/- to the appellant and that he prepared the sealed parcel of recovered articles and took the same into possession through recovery memos.
3. At the commencement of the trial, the learned trial Court had framed a charge against the appellant to which he had pleaded not guilty and claimed to be tried.
4. The prosecution produced 04-witnesses. The appellant, in his statement recor ded under Section 342, Cr.P.C. had denied and controverted all the allegations leveled against him, he neither opted to make statement under Section 340(2), Cr .P.C. nor had he produced any witness in his defence.
5. Learned trial Court, upon conclusion of the trial, had convicted and sentenced the appellant as stated above, hence the aforementioned criminal appeal.
6. Learned counsel for the appellant submits that the allegations levelled against the appellant have not been proved being vague and fictitious; that the prosecution could not establish any nexus of the appellant with the proscribed organization "Jaish-e-Muhammad "; that the alleged recovered books from the appellant are available at any book-store; that the accusation of receiving Chanda for banned organization from the public, has not been proved through any documentary piece of evidence; that the receipt allegedly recovered for receiving Chanda had not been sent' to any handwriting expert in order to verify the appellant's handwriting and signature; that sending corporal to the appellant for purchasing books is itself violation of Section 11-M of the Anti-T errorism Act, 1997; that the prosecution has badly failed to prove the charge against the appellant of having any material stirring up the sectarian hatred; that the appellant was captured just to show the progress by the police officials and nothing else.
At the end a prayer has been made for acquittal of the appellant.
7. Conversely , learned Deputy Prosecutor General appearing for the State has vehemently argued that the appellant was arrested red handed while collecting Chanda for banned organization being its member; that the corporal was sent to certify that the appellant was actually involved in the offence as alleged for; that the police officials had no ill will or animosity against the appellant to falsely implicate him in the case in hand; that the prosecution has successfully proved the charge against the appellant beyond shadow of a reasonable doubt. He has requested for dismissal of the appeal in hand.
8. We have heard learned counsel for the appellant, learned Deputy Prosecutor General appearing for the State and perused the record.
9. The prosecution story hinges upon the, evidence of Muhammad Umer Waqas, complainant/(PW -2), Akbar Hussain, Corporal (PW-3) and Muhammad Azam, Inspector/Investigating Officer (PW-4). The complainant made a complaint for registration of case against the appellant with the assertion that on 03.06.2019 he alongwith Akbar Hussain, Hafiz All Moazzam and Iram Shehzad, corporals while armed with official pistols 9-MM, was present near Pakistan Medical Complex Main G.T. Road, Gujranwala on official vehicle being driven by Amir Nawaz 159/C in connection with checking and search of members of proscribed organization. He was informed by a spy informer regarding presence of a person belonging to proscribed organization "Jaish-e-Muhammad " at G.T. Road Opposite Municipal Corporation Office, who was collecting Chanda and distributing books containing hate material. Upon this information he sent Akbar Hussain 462/C with currency note of Rs. 500 as decoy for depositing fund and receiving the book. The corporal came back after sometime and produced him a Receipt No. 0300 and book titled "Firqa Safia Ka Tehqiqi Jaiza " which was found to be banned by the notification of Government of Punjab. He alongwith his companions reached at the spot at 2:00 p.m., apprehended a person, who disclosed his name as Ibrar Hussain, appellant and other particulars. On his personal search, two books of "Firqa Safia Ka Tehqiqi Jaiza " from a: shopping bag holding in his right hand, a receipt book for collection of fund for proscribed organization "Jaish-e- Muhammad " alongwith blue carbon paper , blue ball point and hard cash of Rs. 41,000/-alongwith his CNIC were recovered. After inspection of the receipt book, it was found that the receipt produced to him by the corporal was issued from it. The recovery memos were prepared, signed by him and Akbar Hussain corporal. Akbar Hussain, Corporal (PW-3) though has supported the complainant qua receiving spy information, payment of Chanda to the appellant for proscribed organization having been sent as decoy witness at the instance of the complainant and thereafter respective recoveries at the time of raid yet they could not prove the allegations judiciously with solid reasoning. It was claimed that the appellant belonged to the proscribed organization "Jaish-e-Muhammad " but no documentary evidence was brought on record in this regard. The complainant in his cross-examination deposed that he did not recover membership card of the proscribed (sic) "Jaish-e-Muhammad " from the appellant and the receipt book allegedly recovered did not contain the name of "Jaish-e-Muhammad ". He frankly conceded that the place of the occurrence was equipped with CC Cameras but he did not obtain any CCTV footage qua the recovery proceeding. Muhammad Azam, Inspector (PW-4) deposed in cross-examinatio n that he, in the capacity of Investigating Officer, did not collect any documentary or oral piece of evidence showing connection of the appellant with any proscribed organizations. He further deposed as under: "I did not visit the abode of the accused to ascertain that accused Ibrar Hussa in has link with any proscribed organization or not. I did not collect any previous criminal history of the accused. Name of accused is not included in the list of Fourth Schedule".
Meaning thereby , the prosecution has failed to connect link of the appellant with any proscribed organization "Jaish-e-Muharnmad " in B any manner whatsoever . The prosecution claimed that at the time of raid the complainant recovered books, which were banned by the Government of Punjab, receipt book for collecting Chanda for the said organization. In that regard Muhammad Umer Waqas 148/C (PW-2) deposed before the trial Court that: "The counter filelcarbon copy of receipt book does not contain name of banned organization "Jaish Muhammad".
Receipt book also does not reveal the name of issuing authority . Recovered books do not contain the name of accused Ibrar Hussain on it. I did not obtain latent finger prints from recovered books and receipt book. I did not see any person while giving Chanda amount to accused. I also did not see accused while distributing banned books."
He further deposed that: "The material contained in books allegedly recovered from accused can be easily made available from the market.
Recovered carbon paper does not contain printed name of accused Ibrar Hussain. All the recovered material made of such a material which can easily be available in the market."
10. It means that the books recovered from the appellant, were easily available in the market. Neither any receipt containing the-name of the appellant nor any of such receipt was sent to the Punjab Forensic Science Agency , Lahore for comparison of the handwriting of the appellant with the said receipt. In absence of the expert report qua the handwriting and signature of the appellant on the receipt regarding collection of Chanda and easily availability of the books in the market creates some doubt in the veracity of prosecution. The Investigating Officer was under obligation to offence but he never C visited shop of the publisher or printer where go into the roots of the from these books were printed and published. Muha mmad Azam, Inspector (PW-4)/ Investigating Officer deposed in cross- examination that: "I neither approached to any authority for blockage of website/email printed on alleged recovered banned books for initiated any proceedings against author , publisher or stockiest of said banned books."
This shows that the police officials confined themselves to prosecute the appellant and not to eradicate the crime from the society . They remained least concerned with the publisher and printer office for the purpose to associate them in the process of investigation. This coloured exercise speaks volume with regard to their bona fide progress as shown in the case in hand. We are unable to understand that how and what act of the appellant stirred up the sectorial hater .
11.The nutshell of above discussion is that the prosecution has badly failed to substantiate the charges as alleged against the appellant and, thus, the appeal in hand is allowed , the conviction and sentence of the appe llant are set aside and he is acquitted of the charge by giving the benefit of doubt to him. He is directed to be released from jail forthwith, if not required to be detained in connection with any other case.