De-sealing/opening of case property during evidence

2016 PCrLJ 1800 LAHORE-HIGH-COURT-LAHORE

Side Appellant : AMJAD SIDDIQUI
Side Opponent : State
Ss. 9(c) & 48—Constitution of Pakistan, Art.10-A—Possessing and trafficking narcotics—Appreciation of evidence—De-sealing/Open ing the parcel of case property—Fair trial, concept of—Accused had assailed the order of the Trial Court, whereby request of accused for de-sealing/Open ing the parcel of the case property, was turned down—Accused, was allegedly burdened with the allegation of possessing the huge quantity of narcotics; and charge against him was one of capital punishment—Entire case property produced in the court, must be Open ed in the court, so that the witnesses; and other concerned, could see the same—Trial Court, without Open ing the sealed parcel, had illegally exhibited the case property, without showing it to the witnesses—Observation of the Trial Court was based on presumption—Trial Court by not Open ing the case property, even on repeated request of the defence Counsel, had strangulated the fair trial, which was a vested right of accused—Refusal to expose the case property in the Open court, was even against the mandate of Art.10-A of the Constitution, which enshrined the fair trial—Trial Court, without any lawful justification, could not decide the case on presumption and surmises—Prosecution was to produce the case property in the court; and get it exhibited—Court was directed to Open /de-seal the case property in the Open court, so that the witnesses; and other concerned, could see the same in the Open court; and accused or his counsel, could cross-examine the recovery witness in accordance, with law—Appeal was accepted and Trial Court was directed to Open /de-seal the case property in the Open court accordingly

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