Shabbir Hussain vs State S — 2025 PCrLJ 1184 LAHORE-HIGH-COURT-LAHORE

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Shabbir Hussain VS State S. 540 ---Control of Narcotic Substances Act (XXV of 1997), S.9---Trial of criminal case --- Presence of a witness at some place, proving / disproving of --- Call Data / Detail Record ('CDR') produced without being forensically analyzed---Effect---Trial Court declined application for production of CDR in the trial of criminal case for proving or disproving the presence of a witness at a particular place(' witness-in-question') --- Validity --- The Call Data / Detail Record ('CDR') is the record generated by telecommunication companies for every call made or received on its network including SIM/phone numbers involved, date, time and duration of the call as well as detail of telecommunication/cellular tower however pertinently , the range of cellular tower comprises (only) of sizeable area ---So if witness is owner of the SIM which is operational/functional having made / received phone call through said SIM and his forensically analyzed voice record transcript/end to end audio or video recording is also available, then availability of said SIM and its use at that particular time i.e. of making/receiving phone call in territorial range of cellular tower of said company can be assessed and ascertained, however, even then exact point/locale of availability of the SIM and person using the same in the territorial range of said cellular tower, which range usually comprises of considerable area, cannot be ascertained through CDR---Thus, in absence of forensically analysed voice record transcript/ end to end audio or video recording, mere production of CDR is of no avail/help to establish presence of any person even in territorial area/range of cellular tower and the same cannot be made basis for summoning the CDR as it would be of no help for just decision of the case --- Since in the present case forensically analyzed voice record transcript / end-to-end audio or video recording of the call made or received by the witness was not available , therefore, CDR was not conclusive piece of evidence , hence, could not be considered as necessary for just decision of the case --- Appeal was dismissed , in circumstances.

Shabbir Hussain vs State S — 2025 PCrLJ 1184 LAHORE-HIGH-COURT-LAHORE

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