SALAHLIDDIN MIRZA, J.--- Appellant is said to have been apprehended on 14-10-1989 at about 1345 or 1400 hours from near Gilani Railway Station when a police party of C.I.A. Headed by Inspector C.I.A. Abdul Rashid Shah was out in its van in connection with the investigation of Crime No.367/89 under section 365-A, P.P.C. And noticed a car roaming about in suspicious manner whereupon it blocked the path of the car, thus forcing it to stop and apprehended its five occupants, including Appellant Muhammad Sadiq. It is alleged that three hand-grenades were recovered from his possession. He was charged under section 5 of Explosive Act, 1908 and put on trial before Special Court No.1 (Suppression of Terrorist Activities), Karachi.
2. The only witnesses of alleged recovery of the grenades from the possession of appellant Sadiq are Mashirs Iqbal and Babu anal Inspector Abdul Rasheed Shah and the Mashirnama is Exh.6/A. In the main case under section 399/402, P.P.C. Against all the five occupants of the car, we have disbelieved the prosecution version of the arrest and recovery. Mashir Iqbal has not been examined and this leaves Mashir Babu P.W.5 (Exh.6) and Investigating Officer Inspector Abdul Rasheed Shah (P.W.3) (Exh.7). This Mashir Babu does not inspire confidence. He gives his address as `Khaiber Colony, Orangi Town Karachi, but could not produce his identity card because it was lost. He said he was an employee of a construction contractor named Bashir. This would indicate that both he and Bashir are residents of Karachi. But, then, he said that lie was `now' in Lahore and that he (the witness) had also shifted to Lahore. If the second averment is correct, he had admittedly given a false address to the Court when his particulars were recorded. It is significant to note that his summons were also issued at Karachi address. How could he give his Karachi address when he was residing at Lahore and how could he be served at this address when he was residing at Lahore? He admits having known Inspector Abdul Rasheed Shah for 4 or 5 years prior to the incident and it is indeed a surprising coincidence that at the nick of the moment the Inspector found him after apprehending the appellant when he (the Mashir) was admittedly residing 7 or 8 miles away from the place. He says he had gone to Gulshan-e-Iqbal to meet a friend but did not disclose the name of the friend and could not say what was the number of his house or even the number of the Block in -which it was located. He says that Mashirnama was written by Inspector Abdul Rasheed Shah but the Inspector says it was written by Constable Iqbal at his dictation. (It is worth noting that learned Special Judge was not attentive while recording the evidence as at four places in the cross-examination of Inspector Abdul Rasheed Shah at the instance of Mansoob Ali Qureshi Advocate for co-accused Asif Yousuf, the Mashirnama is referred to as Exh.5-A when, actually, Exh.5-A is the entry in the register of AI-Hasan Auto Deal, the rent-a-car agency of P.W.4 Syed Wasirul Hasan and pertains to the hiring of the car from this agency by Asif Yousuf whereas the Mashirnama is Exh.6/A). Babu said that he was made Mashir only in one more case and specifically denied that he was made Mashir by Inspector Abdur Rasheed Shah in 10 cases.
However, the Inspector admitted this very fact and stated that this was the eleventh case in which he had made Babu as Mashir. This shows that Babu is not only a stock-witness of police but a person capable to tell a lie while on oath. More than anything else, the Court, at the instance of Chaudhry Iftikhar Advocate, directed the Inspector to produce Babu again for further cross- examination but the Inspector could not produce him and showed his inability to do so. This circumstance, coupled with the fact that the signatures of Babu on Mashirnama and on his deposition in Court were so different that even Abdul Rasheed Shah had to admit that they were different though he explained that Babu was illiterate and therefore, there was difference make it rather doubt that the person who signed the Mashirnama as Babu was even examined in the Court. After the evidence of this person is discarded, we are left with the evidence of Inspector Abdur Rasheed Shah which, under the circumstances, cannot be believed. The recovery of hand- grenades has, therefore, not been proved beyond doubt. Evidence of ballistic expert Sub--- Inspector Mahmood Akhtar P.W.3, who had examined the hand-grenades, becomes irrelevant under these circumstances. We had, therefore; given the appellant Muhammad Sadiq benefit of doubt and acquitted him by our short order which we had announced on the conclusion of the hearing on 13-2-1992. These are the reasons for the said order.
H.B.T./M-1664/K