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; Official Secrets Act (XIX of 1923)

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 breach of trust by public servant, communication with foreign agents to be evidence of commission of certain offences---Appreciation of evidence---Benefit of doubt---Recovery proceedings---Presumption of tampering---Accused was charged for communicating secret information to a foreign diplomat/agent, prejudicial to the safety and security of the State---Record showed that no mobile number was taken into possession from the accused---Recovery memo did not mention whether the articles were sealed or marked with any official seal or insignia---Non-sealing of the recovered items undermines sanctity of the entire recovery process because the adverse presumption of tampering gets attached to the recovery---Purpose behind immediate sealing was to avoid evidence contamination or tampering with the evidence---Such major defect was fatal for the recovery proceedings and same could not be relied upon---Appeal against conviction was allowed, in circumstances.

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