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THE STATE/ANTI-NARCOTICS FORCE THROUGH DEPUTY DIRECTOR (LAW), KARACHI versus MUHAMMAD IRSHAD

Section 6, 9 (c) and 48 Criminal Procedure Code (v. 1898), Section 516A & 537 Destruction of Exported Property The presence of the accused at the time of destruction of the confiscated property is a necessary defect in the destruction of the property when applied under Section 516A. Is given. , The CCP prosecution filed to destroy the rest of the recovered property, the notice of such request was not given to the accused and the order was also granted in the absence of the accused, it is suspected that Section 1616AA , Provided that under the CRPC, there may be property. Destroying and sampling can be done, which may represent the entire property, but this will not mean that the sample is drawn in the absence of the accused because it is against the principles of natural justice so that the accused has a full opportunity to participate. Can be provided. To protect this process and its interest, it must be done in his presence, the trial court's order was to issue notices to the accused in connection with the application. It could have been approved after hearing Section 516A, CRPC and the order, but in the present case the order was passed in his absence, the accused was not given the opportunity to confirm whether This was a sample, to be used against it. He was violated in the circumstances and his defense was prejudiced against the valuable right of the defendant from the property acquired in this case, who suffered a failure of justice, who was found guilty of property destruction. Could not be cured under section 53737, CRPC may take such action. Especially when all the operations are done in his absence, especially when divorce advocates from Lakki Marwat lawyer