MUHAMMAD FAIZAN SALEH vs State Ss — 2022 PCrLJ 1 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD FAIZAN SALEH VS State Ss. 164, 340 & 243 ---Constitution of Pakistan, Art. 10A----Punjab Prevention of Gambling Ordinance (VII of 1978) Ss. 5 & 7----Confessional statement, recording of---Right to legal counsel---Conviction and sentence imposed on accused by Special Magistrate on basis of alleged confession---Fundamental Right to fair trial---Scope---Accused impugned his conviction and imposition of sentence of fine, under Ss. 5 & 7 of Punjab Prevention of Gambling Ordinance, 1978 by Special Magistrate---Contention of accused, inter alia, was that when he was produced before Special Magistrate for judicial remand, the Magistrate acting upon basis of alleged confession of accused, convicted him, whereas under the law at most Special Magistrate could only record confessional statement of accused under S. 164, Cr.P.C. and had no jurisdiction to convict accused---Validity---Right to fair trial was recognized in Art. 10A of Constitution and right to counsel was associated with such Fundamental Right and also recognized in S. 340, Cr.P.C., and thus before recording confession under S. 164, Cr.P.C., Magistrate was bound to inform accused about such right and afford him reasonable opportunity to engage counsel---Perusal of record revealed that Magistrate convicted and sentenced accused when he was produced for judicial remand and did not take confessional statement in prescribed manner and straightway passed as short two-line order convicting accused and imposing sentence of payment of fine---Magistrate did not record petitioner's statement and had no jurisdiction to convict him at that stage and therefore impugned order, along with conviction and sentence of accused was set aside with observation that FIR against petitioner would be deemed to be pending and would be proceeded with in accordance with law --- Revision was allowed, accordingly.

MUHAMMAD FAIZAN SALEH vs State Ss — 2022 PCrLJ 1 LAHORE-HIGH-COURT-LAHORE

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