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ZUNAIR YOUNAS vs STATE — 2026 PLD 222 SUPREME-COURT

Case information

Citation
2026 PLD 222 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2026
Reporter
PLD
Parties
ZUNAIR YOUNAS vs STATE
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

ZUNAIR YOUNAS VS STATE. 'Discovery' and 'recovery'---Distinction stated---The terms "discovery" and "recovery" are frequently used interchangeably in criminal jurisprudence, yet they possess distinct legal meanings and consequences under the law of evidence---Discovery refers to the finding of a fact, information, or material object as a result of a disclosure statement made by an accused person in police custody under Article 39 of the Qanun-e-Shahadat Order, 1984, which leads to the pointing out or locating of a fact previously unknown to the investigating agency---Recovery, on the other hand, is the physical retrieval, seizure, or taking possession of the incriminating article or weapon from the place pointed out by the accused---While every recovery following a disclosure statement involves a discovery of the fact that the object was at a particular place in the possession or knowledge of the accused, a discovery does not necessarily culminate in a physical recovery in every instance---The distinction is vital because the admissibility of evidence under Article 39 is strictly confined to so much of the information, whether it amounts to a confession or not, as distinctly relates to the fact thereby discovered, ensuring that the safeguards against coerced confessions are rigorously maintained during investigative procedures.

Other judgments reported in 2026 PLD

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