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ASIM MURTAZA KHAN vs State S — 2021 SCMR 1844 SUPREME-COURT

Case information

Citation
2021 SCMR 1844 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2021
Reporter
SCMR
Parties
ASIM MURTAZA KHAN vs State S
Subject matter
Criminal
Provisions referred to
S. 94---N; S. 9---S; S. 94; National Accountability Ordinance (XVIII of 1999)

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

ASIM MURTAZA KHAN VS State S. 94---National Accountability Ordinance (XVIII of 1999), S. 9---State owned company ('the company')---Misappropriation, corruption and fraud---Documents produced during trial by an employee (prosecution witness) of the company---Admissibility of documents---Whether authorization from Board of Directors of the company was required for producing the documents---Plea on behalf of accused that the witness in question was not properly authorized by the company, therefore, the documents produced by him should not be exhibited and were inadmissible in evidence---In such regard accused filed an application under S. 94, Cr.P.C., but the same was dismissed by the trial Court and also by the High Court---Held, that in a criminal case, the production of evidence was to be considered on the touchstone of respective law pertaining to the collection and production of evidence in a criminal case for which S. 94 of Cr.P.C. was relevant---High Court had rightly held that there was no need for the investigators to seek any authorization for production and seizure of record even from a court if the collection and seizure was needed from a company other than a banking company and admittedly the company in question was nota banking company---Supreme Court directed that the trial Court shall decide the disputed question regarding authorization and admissibility of evidence; that trial Court shall hear the objections of the accused and the other side and decide the same in accordance with law, and shall proceed with the trial expeditiously.

Other judgments reported in 2021 SCMR

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