MUHAMMAD ASIF ALI USAMA vs State S — 2022 PCrLJ 59 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 PCrLJ 59 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: PCRLJ
Parties: MUHAMMAD ASIF ALI USAMA vs State S
Subject matter: Criminal
Provisions referred to: S. 94---C; S. 9; Narcotic Substances Act (XXV of 1997)

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 ASIF ALI USAMA VS State S. 94---Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Recovery of narcotic substance---Document, summoning of---Accused during cross examination sought summoning of Call Data Record of cellular phones of prosecution witnesses---Trial Court declined to summon the record---Validity---Accused was facing charge entailing capital sentence, it was essential that he could get every chance to defend him---While passing order in question, Trial Court failed to take notice of such considerations and fell in error, while dismissing application filed by accused---Prosecution witnesses were members of raiding party who admitted that telephone numbers were in their personal use---Production of Call Data Record of mobile numbers would help the Court to arrive at just decision---High Court directed Trial Court to summon Call Data Record as desired by accused---Appeal was allowed in circumstances.

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