PESHAWAR: Accepting their appeals, the Peshawar High Court on Tuesday set aside the conviction of two people in a terrorism and drug smuggling case.

A bench comprising Justice Abdul Lateef Khan and Justice Syed Afsar Shah announced a short order of the acquittal of the two appellants, Mohammad Rasool and Mohammad Irfan, in the case after the two sides finished arguments.

An anti-terrorism court of Kohat convicted the two in March 2014 and sentenced them to 14 years rigorous imprisonment each under the Control of Narcotics Substance Act, Explosive Substance Act and Anti-Terrorism Act besides confiscation of their properties.

The prosecution claimed that on July 4, 2012, the police stopped a car on a tip-off and seized 50kg explosive material and 20kg charas concealed in its secret cavities.

The police arrested both the appellants, one drove the car and the other accompanied him.

Noor Alam Khan and Farhana Marwat, lawyers for the appellants, insisted the case was fabricated and full of loopholes and that the material seized by the police was not explosive.

They said the bomb disposal unit had informed the police that it was not explosive material following which the material was sent to forensic science laboratory for chemical examination and the laboratory also reported that it was propellant.

They explained the definition of propellant as given in different dictionaries and said it was not explosive material.

PHC issues short order of accepting appeals

The lawyers said the police had alleged that the seized items were recovered from a car bearing Lahore registration number but the car produced before the court bore Kohat registration number and that it had no secret cavities.

They added that under Section 45 of the Control of Narcotics Substance Act, a case of the seizure of narcotics could be heard by a special anti-narcotics court and not by the ATC.

Noor Alam said under Section 7 of the Explosive Substance Act, the prosecution needed the government’s prior approval for trial in such offences but in the case in question, the prosecution had secured no such approval.

He added that during initial stage of the trial, he along with other lawyer for appellants, pointed out flaws in the case and informed the court that the seized material was neither explosive material nor could it be used in acts of terrorism.

The lawyer said even the seized narcotics produced in the court was not the same as pointed out by the police earlier.

An additional advocate general said the appellants were caught smuggling the explosive material and drugs.

He said the seized material could be used for increasing intensity of explosives.

Published in Dawn January 28th, 2015

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