AZMATULLAH versus THE STATE THROUGH ADVOCATE-GENERAL, MUZAFFARABAD, AZAD KASHMIR
Sections 497 (2), 100 and 103 West Pakistan Arms Ordinance (XX of 1965), Section 13 Arms Guarantee Illegal Business, approval of further inquiry search warrant under Section 100 may be issued for recovery of CR PC person , Who was detained illegally. In the present case, the search was made four days after the issuance of the warrant, yet no plausible explanation was made on the record as to why the delay was so delayed that the accused had made the matter during further investigation. Reportedly, no independent witness was affiliated with it, while Section 103, the CR PC, required that the presence of two respected persons be required to authenticate the warrant, and record the recovery memo after the trial. Had to look at the hearing phase. The prosecution's prima facie story could not be ruled out, which was the case by the prosecution to eliminate the trial court element's death, which would have seemed suspicious again, even in the bail-out phase. The trial, however, clearly came under the purview of Section 497 (2), CR PC, for which there was sufficient grounds for further investigation of the crime of culpability with which the accused was convicted. Which was seven years which did not fall under the Prohibited Clause of Section 497CR. The investigation against the accused has been completed and its challan has already been presented in court. And the trial was not in the near future The suspects were no longer needed for further investigation. Keeping the suspects behind bars for an indefinite period will be fixed for trial without any money since the accused was sentenced to jail. Jar
Related judgments — Supreme Court Azad Kashmir, 2012
