WIQAR AHMED KHAN vs CHAIRMAN, NATIONAL ACCOUNTABILITY BUREAU S — 2022 PCrLJ 309 PESHAWAR-HIGH-COURT

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WIQAR AHMED KHAN VS CHAIRMAN, NATIONAL ACCOUNTABILITY BUREAU S. 19---Criminal Procedure Code (V of 1898), Ss. 161 & 173---Constitution of Pakistan, Art. 199---Constitutional petition---Criminal Trial---Documentary evidence---Witness not named in calendar of witnesses---Statement under S. 161, Cr.P.C. not recorded---Effect---Dispute was with regard to permission granted by Trial Court to produce prosecution witness whose only designation was mentioned in calendar of witnesses and statement under S. 161, Cr.P.C. was recorded by investigating officer---Validity---Held, it was not the document which was to play its role in a case but the linchpin to decide case was always legal and intrinsic value and worth of the contents of the document which were adjudged by the Courts of law according to Qanun-e-Shahadat, 1984---Not necessary that the official, who was called to produce a particular document in his custody was cited in calendar of witnesses by his family name---Such was sufficed if the witness was listed for prosecution as its witness through his designation---Custodian of records come and go who do not have permanent postings at particular stations---Investigating officer could collect any document from any person under S. 19(b) of National Accountability Ordinance, 1999, if the same had relevancy with the case--- It was not necessary that statement under S. 161, Cr.P.C. of producer of the document be recorded---Investigating officer, under S. 19(c) of National Accountability Ordinance, 1999, could examine a person acquainted with facts and circumstances of the case---Only in the latter situation, recording of statement under S. 161, Cr.P.C. was necessary while in the former situation no legal obligation lied on investigating officer to resort to legal provision under S. 161, Cr.P.C.---High Court declined to interfere in order passed by Trial Court--- Constitutional petition was dismissed, in circumstances. Head NotesCase Description

WIQAR AHMED KHAN vs CHAIRMAN, NATIONAL ACCOUNTABILITY BUREAU S — 2022 PCrLJ 309 PESHAWAR-HIGH-COURT

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