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Syed Qalb-e-Abbas vs State S — 2025 PCrLJ 1611 ISLAMABAD

Case information

Citation
2025 PCrLJ 1611 ISLAMABAD
Court
Islamabad High Court
Year
2025
Reporter
PCRLJ
Parties
Syed Qalb-e-Abbas vs State S
Subject matter
Criminal
Provisions referred to
S. 409---O; S. 103---C; S. 103; Official Secrets Act (XIX of 1923); Criminal Procedure Code (V of 1898)

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

Syed Qalb-e-Abbas VS State S. 409---Official Secrets Act (XIX of 1923), Ss. 3 & 4---Criminal Procedure Code (V of 1898), S. 103---Criminal breach of trust by public servant, communication with foreign agents to be evidence of commission of certain offences---Appreciation of evidence---Non-association of private witnesses at the time of arrest of accused---Serious lapse---Accused was charged for communicating secret information to a foreign diplomat/agent, prejudicial to the safety and security of the State---Investigating Officer admitted that no private person was associated as an independent witness during the proceedings concerning either the arrest of the accused or the recovery of items---Investigating Officer was also unable to recall the exact time when the recovery memo was prepared---In terms of S.103 of the Cr.P.C., the law mandated the two or more inhabitants of the locality must be associated during search and recovery proceedings to ensure fairness and eliminate doubts---Failure to associate any private witness from the locality constituted a serious legal lapse---Appeal against conviction was allowed, in circumstances.

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