MUHAMMAD AYAZ GUL vs State S — 2021 MLD 21 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 MLD 21 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: MLD
Parties: MUHAMMAD AYAZ GUL vs State S
Subject matter: Criminal
Provisions referred to: S. 9

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD AYAZ GUL VS State S. 9(c)---Constitution of Pakistan, Art. 10-A---Possession of narcotics---Right to fair trial---De-sealing of case property---Scope---Question before High Court was whether the 'case property' could be de-sealed during the statement of a marginal witness of recovery memo, particularly when no such request was made at the time when the same was exhibited in the statement of Seizing Officer---Held; case property not only could be de-sealed in presence of the Seizing Officer, but the de-sealing could also be effected when it was so requested by the defence at the time of recording the statement of marginal witness to a recovery memo---Prosecution was under bounden duty to produce the case property before the court in order to prove its case against the accused and when the same was produced, it certainly gave a right to the accused to request for its de-sealing in open court, if he so desired or advised in order to satisfy himself regarding its contents, weight, seals affixed on packets/parcels, etc---Refusal of the de-sealing was also violative of the provisions of Art. 10-A of the Constitution---Impugned order was set aside and the Trial Court was directed to de-seal the case property in presence of marginal witness to the recovery memo and the accused in open court for its examination.

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