UMAR HAYAT versus STATE
Criminal Code of Conduct (CRPC) Sections 103 and 165 (4) Prohibited (Enforcement Hadith) Order (4 of 1979), Article 4 Definition of Evidence. Despite the presence of independent witnesses at the time of the search and recovery, they had no effect. The prosecution had claimed by the prosecution that the memo in connection with the alleged recovery was made on the spot after the accused was subject to personal search and the alleged search and recovery violated the provisions of section 103. Was read with section 165 (4), CRPC was not an independent witness. Despite being available at the search site, the accused was acquitted
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