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Nayyar Abbas vs State Recovery memo — 2025 YLR 75 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2025 YLR 75 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2025
Reporter
YLR
Parties
Nayyar Abbas vs State Recovery memo
Subject matter
Civil

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

Nayyar Abbas VS State Recovery memo---Object and scope---One of the objects behind preparing the recovery memo. at the spot with its due attestation by the witnesses was to ensure the fairness of the process of recovery so as to exclude the possibility of fabrication, misappropriation or damage to the seized articles either to favour an accused or for his false implication---Recovery memo. must contain all relevant particulars of the things seized or taken into possession to establish its identity beyond any doubt---Requirement behind attestation of a recovery memo. by the marginal witnesses at the spot was part of an attempt to ensure that the recovery had transparently been effected as fulfillment of such requirements was necessary to exclude the possibility of false implication or any manipulation prompted by human weaknesses and to prevent the abuse of process of law and misuse of authority---Attestation of the recovery memo. by two witnesses acting as musheer also ensured that a single person at his whims might not abuse the process of law and misuse his authority---Preparation of such recovery memo. was also necessary to prove the case by the prosecution at trial against the accused.

Other judgments reported in 2025 YLR

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