MIR HAMMAL vs State S — 2023 PCrLJ 449 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 PCrLJ 449 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: PCRLJ
Parties: MIR HAMMAL vs State S
Subject matter: Criminal
Provisions referred to: S. 9

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

MIR HAMMAL VS State S. 9(c)---Police Rules, 1934, Rr. 22.18 & 22.70---Qanun-e-Shahadat (10 of 1984), Art. 102---Transportation of narcotics---Custody of property---Safe custody---Store-Room Register, non-production of---Evidence of terms of contracts, grants and other disposition of property reduced to form of document---Scope---Accused was convicted for transporting narcotics---In-charge Store Room had deposed that Investigating Officer had handed over parcels for safe custody and that he had made an entry of taking over in the Register XIX (Store Room Register)---However, neither extract of the entry was produced in evidence nor the same was made as part of the challan---Where a written document existed, it had to be produced as being best evidence of its own contents---Safe custody of the case property could have been established only when copy of the register of store room was formally brought on the record of the Court---Any matter which was required by law to be reduced in the form of a document, no oral evidence could be given for proof of that matter except the document itself---Appeal against conviction was allowed, in circumstances.

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