Law: Qanun-e-Shahadat Order, 1984

Section: 73

(i) Administration of Justice Cause of justice cannot be permitted to be sacrified at the alter of technicalities.                                                                          [P. 41] A (ii) Qanun-e-Shahadat Ord, 1984 (10 of 1984) Art. 73—Original report of chemical examiner lost/misplaced-Duty of Court prosecution-Prosecution was duty bound to tender report of chemical examiner in Court and of the same was lost/misplaced certified copy of such report should have been brought on record-Court has the duty to ensure that all relevant evidence/material was brought on record before adjudicating upon case-Trial Court failed to notice that no one can be permitted to put premium on its own lapse while passing impugned order it was not ensured that no prejudice would be caused to accused due to failure of prosecution to produce material piece of evidence on record-Impugned order of trial Court rejecting application of petitioner for bringing on record certified copy of report in question, was set aside-Trial Court was directed to bring on record   certified copy of report in question, and to decide the case in accordance with law.                                                                [Pp. 41 & 42] B & C Date of hearing: 8.12.2003.                                                                  …