Law:

Section:

(a) Criminal Procedure Code (V of 1898)-- ----Ss. 561.-A, 54(1 & 428---Plenary power vests in Appellate forums to rectify omissions or commissions of trial Court for achieving ends of justice--­Jurisdiction of High Court for recalling witnesses to clarify the position or recording additional evidence is very wide, indefinable, extraordinary and limitless---Criteria regulating such authority, however, mainly would be to administer real and substantial justice and to prevent abuse of the process of Court. (b) Criminal Procedure Code (V of 1898)- ----Ss. 561-A, 540 & 428---Customs Act (1V of 1909), S. 156(1)(8)(89)---High Court can even suo motu summon evidence aimed at promoting ends of justice. Nawab Yousuf v. State PLD 1961 Kar. 150; Abdul Ghafoor v. The State PLD 1983 Lah. 139; Muslim Shah v. The State PLD 1977 Pesh. 55 and Ali and others v. The Crown PLD 1952 FC 71 ref. Fazal Elahi v. The Crown PLD 1952 Lah. 388 rel. (c) Customs Act (IV of 1969).- ----S. 156(1)(8)(89)---Criminal Procedure Code (V of 1898), Ss. 561-A, 540 & 428---Containers/packets were no doubt proved in Trial Court, but the same were incidentally not opened for ascertaining their contents---Complete confusion thus existed concerning contents of containers on account of divergent stands taken by both sides---Production and opening of containers in presence of the witness who exhibited the same did neither tend to fill any lacuna nor help the prosecution case, but obviously was to promote ends of justice thereby facilitating the Court for arriving at proper conclusion about articles actually taken into custody at the time of seizure and the same was ordered accordingly for just determination of appeal. Nawab Yousuf v. State PLD 1961 Kar. 150; Abdul Ghafoor v. The State PLD 1983 Lah. 139; Muslim Shah v. The State PLD 1977 Pesh. 55 and Ali and others v. The Crown PLD 1952 FC 71 ref. Fazal Elahi v. The Crown PLD 1952 Lah. 388 rel. JUDGMENT Through judgment dated 1-10-1990 passed by Special Judge, Customs Khuzdar appellant was convicted under section 156(1)(8)(89) of Customs Act, 1969, and sentenced to suffer R.I. for 3 years besides fine of Rs.10,000 or in default further S.I. for 2…

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