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HAIDER vs STATE S — 2026 MLD 745 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2026 MLD 745 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2026
Reporter
MLD
Parties
HAIDER vs STATE S
Subject matter
Criminal
Provisions referred to
S. 9; 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

HAIDER VS STATE S.9(c)---Criminal Procedure Code (V of 1898), Ss.94 & 540---Qanun-e-Shahadat (10 of 1984), Art.149---Possession of narcotic substances---Exclusion of evidence---Summoning of CDR of cell phone of carrier of murasila---Scope---Application seeking summoning of CDR of cell phone of carrier of murasila was dismissed---Applicants contended that carrier of murasila was not present at spot and CDR would prove his absence at relevant time and place---Validity---Article 149 of Qanun-e-Shahadat, 1984 restricts right to produce evidence for contradicting witness on collateral matters---Evidence of facts which cannot provide reasonable presumption or inference regarding principal matter in dispute is excluded---Article 149 must be interpreted strictly and narrowly---However, a witness giving false statement may be proceeded against for perjury---Article 149 provides two exceptions to exclusionary rule; firstly, previous conviction when denied may be proved and secondly, facts tending to impeach impartiality of witness, when denied, may be proved---Evidence intended merely to shake credibility of witness by attacking character is not admissible unless covered by exceptions---Application for summoning CDR was not competent and was rightly dismissed by Trial Court---Appeal was dismissed in limine.

Other judgments reported in 2026 MLD

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