STATE/ANTI-NARCOTICS FORCE vs IMDAD ALI S — 2023 PCrLJ 111 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PCrLJ 111 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PCRLJ
Parties: STATE/ANTI-NARCOTICS FORCE vs IMDAD ALI S
Subject matter: Criminal
Provisions referred to: S. 540---P; S. 342

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

STATE/ANTI-NARCOTICS FORCE VS IMDAD ALI S. 540---Power to summon material witness or examine person present---Scope---Accused filed an application for obtaining CDR (Call Data Record) of complainant's phone from relevant franchise, which was dismissed by the Trial Court---Accused had put questions to the complainant suggesting his presence at district 'K' and not at the spot in district 'H' at the time of incident---Accused had already submitted a copy of CDR of complainant's cell phone in his statement under S. 342, Cr.P.C. but since it was only a photostat copy, he was seeking indulgence of the Court for its verification to have been generated by the relevant franchise---Verification by the relevant franchise of the phone company was not likely to cause any prejudice to the prosecution in that after a document was brought on record it became duty of the Court to consider it and give its opinion in accordance with law which position in the present case could only be achieved after the verification or otherwise of the document---Trial Court was directed to summon some official from the relevant franchise of mobile company---Revision application was disposed of accordingly.

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