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ABDUL REHMAN vs State Ss — 2022 PLD 235 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 PLD 235 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
PLD
Parties
ABDUL REHMAN vs State Ss
Subject matter
Criminal
Provisions referred to
S. 59; Narcotic Substances Act

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

ABDUL REHMAN VS State Ss. 9(c), 58, 59 & 60---Recovery of narcotic substances---Appreciation of evidence---Foreign assistance---Aut dedre, aut judicare, principle of---Applicability---Narcotics in heavy quantity was recovered in a foreign state alleged to have been shipped from Pakistan---Accused persons were employees of cargo services who were convicted by Trial Court and sentenced to imprisonment for fifteen years---Validity---Prosecution failed to prove that narcotics was impounded in container within the territory of Pakistan---Official who initiated inquiry and submitted investigation report did not appear in court as prosecution witness---None of the documents were signed or provided by accused persons---Such was a case of circumstantial evidence and no direct evidence was available---Role of accused persons discovered during inquiry was of a lethargic attitude whether intentionally or un-intentionally on the part of accused---Prosecution did not take central authority into picture to legalize initiation of inquiry, nor correspondence was made with respect to permission for aut dedre, aut judicare---Permission of High Court under S.59 of Control of Narcotic Substances Act, 1997, was not obtained for evidence gathering process and affidavit of foreign official was inadmissible in evidence---No commission was issued for recording of evidence of foreign police officials, nor any effort was made to record their statements through live link or Skype---Documents brought on record were not certified as per law---High Court set aside conviction and sentence awarded to accused persons as no case was made out by prosecution---Appeal was allowed, in circumstances.

Other judgments reported in 2022 PLD

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