The testimony of Section 9 (c) drug and trafficking evidence was not recorded in the statement of the driver of the vehicle, which was a material, important and necessary witness, and whose statement provides the basis for the prosecution's case. A half-hearted attempt to obtain a witness, and no effective and compelling way to issue a guaranteed and unsecured warrant, the trial court's driver recorded his statement under Section 161, CR PC Phone numbers are mentioned, which reflects the fact the witness said. Voluntarily recorded his statement under Section 161, CR PC. And an attempt was made to ensure his availability until the police district attorney, he also failed to fulfill his legal obligation and responsibility, because he had no opportunity to come, saying that the key witness prosecution was so important. Can't leave the witness who got to the root of the case. , And his statement was necessary for the decision of the case After leaving this important witness, the district attorney exceeded his authority, allowing the prosecution to release the witness, the trial court ordered the trial. Committed irregularity, which is enough to thwart an unclean decision. One was set aside and the case was remanded to the trial court, which instructed him to attend the driver of the vehicle. After recording his statements and the statement of the accused, the trial court decides the case according to the law on its own merits
Related judgments — Quetta High Court Balochistan, 2014