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

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Syed Qalb-e-Abbas VS State S. 409---Official Secrets Act (XIX of 1923), Ss. 3 & 4---Criminal breach of trust by public servant, communication with foreign agents to be evidence of commission of certain offences---Appreciation of evidence---Benefit of doubt---Infirmities in prosecution evidence---Accused was charged for communicating secret information to a foreign diplomat/agent, prejudicial to a safety and security of the State---Perusal of the record reflected that the appellant was apprehended by complainant based on spy information, with the allegation that the appellant, being an official of the Government of Pakistan, was meeting a foreign agent---Consequently, a raiding team was constituted on 15.02.2021, pursuant to the secret information---Raid was conducted behind the petrol pump, where the appellant was reportedly dropped off from a white Land Cruiser, allegedly driven by the foreign agent---However, during cross-examination, complainant did not mention the mobile number of the appellant in his examination-in-chief---Furthermore, complainant failed to produce any copy of the Roznamcha report indicating his departure from the police station after receiving the spy information---Complainant also did not provide details of the raiding team through any entry in the Roznamcha and was unable to confirm the make and model of the Land Cruiser, allegedly driven by the foreign agent and admitted that no site plan was prepared---While acknowledging that the front windscreen of the vehicle was not tinted, he claimed that the remaining windows were tinted, yet he failed to describe the physical features or facial characteristics of the alleged foreign agent or the country of origin of such agent---Communication of sensitive information had not been substantiated by complainant---Mode and manner of transmission of the sensitive information were neither mentioned in the complaint nor in his examination-in-chief---Complainant also admitted that no seizure memo (recovery memo) was prepared by him, and further conceded that neither he nor his officials made any serious attempt to stop or intercept the Land Cruiser allegedly driven by the foreign agent---Investigating Officer essentially reiterated the version of complainant---However, examination-in-chief of said witness was also silent regarding the recovery of the memory card, USB, CNIC, service card, arms license, ATM card, mobile phone, keys, registration book, and other documents allegedly recovered at the time of arrest from appellant---None of them were exhibited during trial---When material was neither produced nor exhibited, it would be presumed that it did not exist at all---Appeal against conviction was allowed, in circumstances.

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

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