Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 302, 201, 404, 148 & 149---Collection of case property for re­examination---When case was being tried by the Trial Court, an application was made by Investigating Officer for collection of case property for re-examination to be conducted by a Board constituted by Health Department and the Trial Court allowed such request---Thereafter complainant filed application before the Trial Court requesting that the Trial Court should refuse request of Investigating Officer for returning of case property, which application was dismissed---Validity---Request for collection of property was made after two years, eight months and six days, which was allowed within three days of said request---No permission for constitution of Board was obtained from the Trial Court and it was constituted by the Health Department; and no plausible reason had been advanced for not applying to the Trial Court for re-examination of case property---Since no permission was obtained from the. Trial Court for constitution of Board for re-examination of the property, proceedings of re-examination of the case property were not proper and were made in violation of guidelines provided by Supreme Court. State v. Amjad Ali PLD 2007 SC 85 ref. ORDER AMER RAZA NAQVI, J.--- Brief facts of this case is that a criminal case bearing Sessions Case No.452 of 2004 (New No.127 of 2006) is pending before the Court of District and Sessions Judge, Khairpur. This case was registered as Crime No.83 of 2004 Police Station Mirwah, under sections 302, 201, 404, 18, 149, P.P.C. During the investigation a recovery was made on 19-6-2008 under a memo. of recovery and certain articles i.e. hammer, two Lathies, clothes of deceased Yasir Nawaz and accused Jamshed were recovered which was sent for chemical examination. Subsequently when the case was being tried by the learned trial Court an application was made by Investigation Officer for collection of case property for re-examination to be conducted by a Board constituted by Health Department. The learned trial Court vide order, dated 19-2-2007 allowed such requests. Thereafter complainant moved an application before the learned trial Court…

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