P L D 2022 Lahore 235
(a) Control of Narcotic Substances Act (XXV of 1997)---
----S. 59---Gathering of evidence---Foreign requests---Object---Provision of S.59 of Control of Narcotic Substances Act, 1997 is to protect basic right of fair trial and due process in offences which are disclosed and reported beyond the limits of territory of a sovereign state---Non-observance of process contaminates and maligns whole process of inquiry, registration of FIR and investigation which renders the process as unfair, unjust and unlawful---On the basis of such unlawful foundation, trial cannot be held legal by stretching some provision of Cr.P.C. or Control of Narcotic Substances Act, 1997 for taking except to it.
(b) Control of Narcotic Substances Act (XXV of 1997)---
----S.66---Extradition---Aut dedre, aut judicare, principle of---Applicability---Principle of aut dedre, aut judicare, finds its place in international criminal law ad is core principle in extradition offences---Such principle is usually applied in transition offences particularly organized one which affect more than one sovereign states---Principle of double criminality pushes such principle on the ground that if an act or omission is offence under laws of both or more sovereign states, offender should be tried and punished in either of the states and both sovereign states can ask to each other 'either to prosecute or to extradite 'which is called 'aut dedre, aut judicare'.
(c) Control of Narcotic Substances Act (XXV of 1997)---
---Ss. 58 & 59---Qanun-e-Shahadat (10 of 1984), Arts. 89 (3) & 96---Criminal investigation in foreign country---Principle---Presumption cannot be imported from foreign jurisdiction about documents which are not admissible in evidence in legal system of Pakistan---Foreign documents which are not subject of criminal investigation can be admitted into evidence if certified as per law---Criminal investigation process has no scope for its admission in evidence unless it has undergone judicial scrutiny---Report of expert is per-se admissible but proceedings of recovery and affidavit of any witness is always subject to judicial scrutiny and contest thereof are to be proved by its maker---All such foreign documents without legal translation from High Commission, Embassy and Ministry of Foreign Affairs are not admissible in evidence.
(d) Control of Narcotic Substances Act (XXV of 1997)---
----Ss. 9(c), 58, 59 & 60---Recovery of narcotic substances---Appreciation of evidence---Foreign assistance---Aut dedre, aut judicare, principle of---Applicability---Narcotics in heavy quantity was recovered in a foreign state alleged to have been shipped from Pakistan---Accused persons were employees of cargo services who were convicted by Trial Court and sentenced to imprisonment for fifteen years---Validity---Prosecution failed to prove that narcotics was impounded in container within the territory of Pakistan---Official who initiated inquiry and submitted investigation report did not appear in court as prosecution witness---None of the documents were signed or provided by accused persons---Such was a case of circumstantial evidence and no direct evidence was available---Role of accused persons discovered during inquiry was of a lethargic attitude whether intentionally or un-intentionally on the part of accused---Prosecution did not take central authority into picture to legalize initiation of inquiry, nor correspondence was made with respect to permission for aut dedre, aut judicare---Permission of High Court under S.59 of Control of Narcotic Substances Act, 1997, was not obtained for evidence gathering process and affidavit of foreign official was inadmissible in evidence---No commission was issued for recording of evidence of foreign police officials, nor any effort was made to record their statements through live link or Skype---Documents brought on record were not certified as per law---High Court set aside conviction and sentence awarded to accused persons as no case was made out by prosecution---Appeal was allowed, in circumstances.
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