Law: Criminal Procedure Code (V of 1898)

Section: 428,561-A

Law: Prevention of Electronic Crimes Act, 2016

Section: 32/35/36/41

Law: Qanun-e-Shahadat (10 of 1984)

Section: 46-A/72/73/78-A

Criminal Procedure Code, 1898 (V of 1898)-- ----Ss. 428 r/w 561-A--Prevention of Electronic Crimes Act, (XL of 2016), Ss. 32/35/36/41--Qanun-e-Shahadat Order, (10 of 1984), Art. 46-A/72/73 78-A--Application for summoning of CDR--“Call Data Record” (CDR)--Standard Operating Procedure “SOP” for obtaining CDR--“Voice Record Transcript” or “End to End Audio Recording”--Applicant/appellant has been convicted and sentenced under section 9(c) of the Control of Narcotics Substance Act, 1997--Applicant/appellant has filed appeal--During trial of the case, applicant filed application for summoning representative of Jazz Telecom Company for verification of CDRs and also exhibiting the same but same was dismissed by the Trial Court--CDR is abbreviation of “Cell Data Record” of SIM which is abbreviation of “Subscriber Identity Module”--PTA was established u/S. 3 of Pakistan Telecommunication (Reorganization) Act, 1996 and is mandated to regulate the establishment, maintenance and operation of the telecommunication system and provision of telecommunication services in Pakistan--Service providers are bound, amongst others, to maintain call date record (CDR) of its customers/users of mobile phone for a period of one year--Government enjoys facility of said stored CDR in the investigation of certain crimes in the country--Under Section 35 of PECA 2016 powers of authorized officer have been mentioned--Section 36 of the Act ibid has provided the mechanism for dealing with the seized data or information system--Section 41of PECA 2016 deals with “confidentiality of information”--Section 36 of the Act ibid has provided the mechanism for dealing with the seized data or information system--Federal and Provincial Interior Ministries have authorized the police department under their jurisdiction and other law enforcement agencies to obtain the CDRs as and when required from the service providers--Investigating Officer will receive the CDR through recovery memo and same will be tendered/produced before the Court in accordance with law--Unauthorized issuance of SIM card, etc is also offence for which punishment has been provided under section 17 of the Act--Accused can take any plea and…

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