Law: Criminal Procedure Code (V of 1898)

Section: 428,516-A

Law: Control of Narcotics Substances Act, 1997

Section: 47,48

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 428 & 516-A---Control of Narcotic Substances Act (XXV of 1997), Ss.47 & 48---Additional evidence---Production of---If Appellate Court, while dealing with appeal, would think that additional evidence was necessary, it would record its reasons and could either take such evidence itself or direct it to be taken by Magistrate or where Appellate Court was High Court, by a Court of Session or Magistrate---Documents sought to be produced in case as additional evidence, were concerning the destruction of the property and were also essential to the just decision of the case---Non-production of samples of property recovered and related documents in the Court, having caused a failure of justice same was to be rectified---Additional evidence in the case being necessary and essential to the just decision of case, was allowed to be produced accordingly. Jamil Khan Afridi v. State 2004 MLD 542 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 428---Production of additional evidence---Object of S.428, Cr.P.C.---Main object of S.428, Cr.P.C. relating to production of additional evidence was that a guilty person should not escape through carelessness or ignorant proceedings of the Trial Court, or innocent person should not be wrongly accused when the Court, through same carelessness of ignorance, had omitted to record the circumstances essential to explain or reach at the truth---Another object of said section was. to save public time by taking any additional evidence necessary instead of remanding whole case for examining again 'the witnesses already examined---Section 428, Cr.P.C. was not meant for either of the parties to a criminal case, but its object was to see that justice was done---Section 428, Cr.P.C. could be pressed into service for the ends of justice whenever it was required either for prosecution or for defence, keeping to view requirement of Society because before a criminal Court there was always a third-party namely the Society. Akhtar Hussain v. Emperor AIR 1925 Pat. 526; State v. Jai Parkash AIR 1954 All. 129; 18 W.R. 31 and Ishwar Prasad v. Emperor AIR 1918 All. 133 ref. (c) Criminal Procedure…

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