| Case ID |
37a399ce-e60f-4d8d-b864-da35e3724260 |
| Body |
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| Case Number |
Writ Petitions Nos.532, 504 and 134 of 2002 |
| Decision Date |
Jul 02, 2003 |
| Hearing Date |
Apr 23, 2003 |
| Decision |
The conviction of the accused was found to be based on inadmissible evidence, primarily the statements recorded by Customs Officers, which were deemed as statements by a person in authority, similar to the role of a police officer. The court determined that these statements violated legal standards, leading to the conclusion that the convictions were null and void ab initio. Consequently, all three petitions were accepted, and the petitioners were acquitted of the charges against them. The judgment emphasized the importance of strict adherence to legal procedures in the collection and admissibility of evidence, particularly in criminal cases, and reaffirmed the constitutional rights of the accused. |
| Summary |
The case revolves around the legal implications of evidence admissibility under the Customs Act, 1969, where the statements taken by Customs Officers were challenged. The Peshawar High Court analyzed the role of the 'Appropriate Officer' in the context of the law and concluded that such statements were inadmissible. The judgment highlighted the significance of lawful procedures in criminal investigations and reinforced the necessity for proper legal representation and rights for the accused. This case serves as a precedent for future cases regarding the interpretation of evidence and the standards required for lawful proceedings under Pakistani law. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MIAN SHAKIRULLAH JAN, CHIEF JUSTICE,
DOST MUHAMMAD KHAN, JUSTICE,
MUHAMMAD FAROOQ AFRIDI
|
| Lawyers |
Barrister Zahoorul Haq
|
| Petitioners |
Zafar Iqbal,
Muhammad Farooq Afridi,
Ayub Nawaz
|
| Respondents |
THE STATE,
2 others
|
| Citations |
2003 SLD 1053,
2003 YLR 2700
|
| Other Citations |
Sony Valabdhas AIR 1965 SC 481,
The State of Punjab v Barkat Ram AIR 1962 SC 276,
Nanoon Sheikh Ahmad v. Emperor AIR 1927 Bom. 4,
Ashgar Ali v. The State PLD 2003 SC 250
|
| Laws Involved |
Customs Act, 1969,
Antiquities Control Act, 1975,
Imports and Exports Control Act, 1950,
Constitution of Pakistan, 1973
|
| Sections |
156,
157,
164,
167,
178,
26,
27,
3(1),
199
|