Syed Aijaz Ali Shah vs State Ss — 2026 YLR 380 KARACHI-HIGH-COURT-SINDH

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Syed Aijaz Ali Shah VS State Ss. 435, 439 & 561-a---Gas (Theft Control and Recovery) act (XI of 2016), Ss.14, 15 & 17---Penal Code (XLV of 1860), Ss. 462-C, 462-E, 161 & 109---Prevention of Corruption act (II of 1947), S. 5(2)---Qanun-e-Shahadat (10 of 1984), art. 47---application for treating the previous statement of the deceased Investigating Officer recorded in an earlier trial, was allowed---Validity---Record showed that the Investigating Officer's evidence was properly recorded in Court, and the accused were given a full opportunity to cross-examine him---as the witness had since died, the second and third legal conditions for admitting his prior testimony were met as mentioned in art.47 of Qanun-e-Shahadat, 1984---However, the Court had already declared that the original trial before the Special Judge was coram non judice and without legal authority---Relevance and admissibility of the Investigating Officer's prior evidence would be determined at trial, assessed under art.47 of the Qanun-e-Shahadat Order, 1984, along with all other evidence---Present case was still pending trial and adjudication before the Special Judge, Gas Utility Court, and the Trial Court had yet to record the evidence of the prosecution witnesses---Therefore, the determination of admissibility or relevancy of the Investigating Officer's earlier statement at this stage would be premature and might be prejudicial to the rights of either party during trial---Question of whether such evidence could ultimately be relied upon must be determined by the Trial Court upon a full and fair evaluation of the evidence adduced before it, in accordance with law---Trial Court shall proceed with the de novo trial strictly in accordance with law, uninfluenced by any observations made herein and shall determine the relevancy and admissibility of the evidence, including the previous statement of the Investigating Officer, as and when such question arises, in accordance with the statutory provisions and settled principles of law---Trial Court shall, however, be at liberty to record the statement of any person acquainted with the handwriting or signatures of the Investigating Officer, subject to providing the accused persons a fair opportunity of cross-examination---Trial Court may pass a fresh order in that regard at any stage of the proceedings in accordance with law---Upon completion of the de novo trial, recording of the statements of the accused persons and after affording full opportunity of hearing to both sides, the Trial Court shall pronounce judgment strictly in accordance with law---Petitions were disposed of, accordingly.

Syed Aijaz Ali Shah vs State Ss — 2026 YLR 380 KARACHI-HIGH-COURT-SINDH

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