In case titled, “The State vs Abdali Shah”, (2009 SCMR
291), it has been held by the Hon’ble Supreme Court that:-
“Even the provisions of sections 20 to 22 of CNSA
being directory, non-compliance thereof would not
be a ground for holding the trial/conviction bad in
the eyes of law. On this ground the conviction of
the appellant cannot be set aside. Reference in this
behalf can be made to the case of Fida Jan v the State
2001 SCMR 36; State through AG Sindh v Hemjoo
2003 SCMR 881, Karl Johan Joseph v the State PLD
2004 SC 394 and Muhammad Younas v Mst. Perveen
alias Mano and others 2007 SCMR 393, wherein it is
observed that where provisions of CNSA are
directory in nature, non-compliance of the same is not
fatal”. (emphasis supplied).
Part of judgment of
IN THE PESHAWAR HIGH COURT, PESHAWAR,
Cr.Misc No. 1540-P of 2020 Ismail Vs The State
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