IJAZ HUSSAIN versus THE STATE
Explosive Substances Act, 1908 Section 5 Definition of Proof Bomb / hand grenade was not recovered from the possession of the accused, Evidence of recovery was lost and evidence of recovery was not shown on the spot. Where the bomb was allegedly recovered, but neither the lumberman nor any other person from the area was involved in the recovery, as required under Section 103, the CCPC defense version was more probable and closer to the truth. The accused was acquitted in the circumstances.
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