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Citation Name: 2025 PCrLJ 1563 KARACHI-HIGH-COURT-SINDHBookmark this Case Ali Aziz vs State S — 2025 PCrLJ 1563 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2025 PCrLJ 1563 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2025
Reporter
PCRLJ
Parties
Citation Name: 2025 PCrLJ 1563 KARACHI-HIGH-COURT-SINDHBookmark this Case Ali Aziz vs State S
Subject matter
Criminal
Provisions referred to
S. 9; 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

Citation Name: 2025 PCrLJ 1563 KARACHI-HIGH-COURT-SINDHBookmark this Case Ali Aziz VS State S. 9(c)---Constitution of Pakistan, Art. 10-A---Possession of narcotics---Right to fair trial---Recording of evidence in absence of defence counsel---Legality---Accused was charged for having huge quantity of narcotic substances---Record showed that Trial Court had committed illegality while recording examination-in-chief of a witness in absence of defence counsel, amounting to denial of a fair trial---Another illegality committed by the Trial Court was regarding examination-in-chief of another witness and his cross-examination on the same day by newly appointed defence counsel without preparation and instructions for the offence under S. 9(c) of Control of Narcotic Substances Act, 1997, which was punishable with death or imprisonment for life---Fair opportunity should have been provided by the Trial Court for conducting the trial---Right to fair trial is a fundamental and Constitutional right belonging to every citizen---While deciding a criminal lis, the recording of evidence including the right of cross-examination of the witnesses, hearing of arguments and a reasoned judgment were essential attributes of criminal justice system based on the Constitutional command---Illegalities committed by the Trial Court in the present case were not curable under the law---Appeal was allowed by setting aside conviction and sentence and case was remanded to the Trial Court for recording evidence of witnesses afresh in the presence of defence counsel.

Other judgments reported in 2025 PCRLJ

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