Law:

Section:

(a) Criminal Procedure Code (V of 1898)---S. 167 Remand (criminal) Necessary material including police report always produced at time of grant or otherwise of remandCourts granting remand appearing to have passed respective remand orders after having applied their minds to facts of case, major fact being source supplying copy of secret document for publication being not traced out and investigation being not completed Essential requirements of law having been met, remand orders, held, cannot be said to have not been passed in accordance with law Official Secrets Act (XIX of 1923), Ss. 3 & 5. [Remand]. State v. Shad Muhammad and 48 others PLD 1972 Quetta 76; Rashid v. State and 2 athers PLD 1970 Lab. 389; Ghazi and others v. The State PLD 1977 B J 20; Syed Muhammad Aziz and S others v. The State and S others PLD 1970 Quetta 27; Darshan Singh and others v. The State and others PLD 1957 Kar. 210; Muhamwad Rafi v. The State and 2 others 1969 P Cr. L J 873; Dost Muhammad v. The State and another 1971 P Cr. L J 885; Muhammad Ishaque v. The State 1973 PCr.LJ 9; Dr. Ejaz Hussain v. The Government of Punjab PLD 1977 Lab. 1304 and lqbal Ahmad Khan, Advocate and.SI others v. The State PLD 1977 Lab. 1337 distinguished. (b) Criminal Procedure Code (V of 1898)- -- S. 167-Remand (criminal)-Remand to police or judicial custody--Not to be granted in mechanical manner-Application of mind a must-Remand to be granted in case of real necessity and to be refused in absence of a reasonable cause.-[Remand]. (c) Official Secrets Act (XIX of 1923)- -- Ss. 3 & 5 read with Criminal Procedure Code (V of 1898), S. 167-Official secret-Disclosure-Remand to custody-Relevant document involving country's relations with foreign powers and in such view prosecution always considering necessary to stress upon Court disclosure or tracing out of source supplying copy of such document to accused being necessary in order to complete investigation and submit complaint-Plea, held, quite reasonable and remand orders passed on basis of such cause could not be held to be unreasonable or unjustified-All remand orders having been passed on basis of such reasonable cause, question of their being illegal…

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