Law:

Section:

(a) Ehtesab Act (IX of 1997 )--- ----Ss. 12 & 17---Qanun-e-Shahadat (10 of 1984), Arts.74 & 76---Secondary evidence---Admissibility---Essentials---Construction of building in violation of approved plan---Building Control Authority restraining owners from constructing such building in violation of approved plan---Owners submitting two letters from concerned Ministers to officials of Authority asking them not to restrain owner in raising construction and that approval would be accorded thereafter---Construction of building was, thus, completed in violation of approved plan---Owners alongwith two Ministers were challaned and their case sent to Ehtesab Bench---Original letters purported to be sent by Ministers were not traceable---Prosecution took no pains to fulfil requirements of Arts. 74 & 76, Qanun-e-Shahadat, 1984 for producing secondary evidence---None of prosecution witnesses claimed to have seen original letters---Photo copies of such letters would neither qualify as secondary evidence nor such letters fell within relevant categories specified in Art.74, Qanun-e-Shahadat, 1984--Article 76, Qanun-e-Shahadat, 1984 has to be construed for purposes of admissibility of secondary evidence while Art.74, Qanun-e-Shahadat, 1984 would determine whether particular piece of evidence would qualify as secondary evidence---Person purported to have received such letters denied existence thereof---No evidence in rebuttal was produced by prosecution to prove that letters in fact were received by the concerned person---Unless loss of original was categorically proved, secondary evidence could not be led---Entire evidence relating to such letters was based on hearsay which could not be relied upon---Accused Ministers to whom such letters were attributed, thus, could not be convicted when neither original letters were placed on record nor secondary evidence relating thereto was led/produced, therefore, they were acquitted.--[Evidence]. Khursheed Begum v. Chiragh Muhammad 1995 SCMIZ 1237; Abdullah Khan v. Government of Sindh 1986 MLD 1500; Oriental Shipping Company Limited v. Panahghia Odigitria 1991 MLD 148; Jan Muhammad v. Abdul Ghaffar 1991 MLD 1631 and Taj Bibi…

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