THF STATE THF STATE vs RASOOL BAKHSH GHULAM ABBAS — 1971 SCMR 817

Citation: 1971 SCMR 817

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Parties: THF STATE THF STATE vs RASOOL BAKHSH GHULAM ABBAS

Headnotes

Case cited as 1971 SCMR 817

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad, Muhammad Yaqub Ali Title: THF STATE THF STATE vs RASOOL BAKHSH GHULAM ABBAS Case No.:Criminal Appeal No. 41 of 196 Cr. Appeals Nos. 39 and 40 of 1969 Cr. Appeal JUDGMENT Reported As: 1971 SCMR 817 Result: Appeals allowed Judgment JUDGMENT SALAHUDDIN AHMED, J.-These three appeals are from three orders of the erstwhile High Court of West Pakistan, Lahore, and they are now being disposed of under one judgment. Appeals Nos. 39 and 40 are against Rasool Bakhsh. Appeal No. 63 is from a Full Bench decision of the High Court which answered the two questions referred in it in the following manner: (i) That an investigation by the Police commences with the first step taken by the Police Officer towards the entertainment of the offence and the culprit thereof, and (ii) the statement by an accused of the commission of an offence of criminal misconduct, on being halted by the Magistrate is not admissible in evidence as the same was not recorded by the Magistrate in the manner prescribed by sections 164 and 364 of the Code of Criminal Procedure. The decision of the Full Bench, now stands overruled by the decision of this Court in the case of Mohammad Sarwar v. The State (PLD 1969 SC 278). In the case under report similar questions were under con--sideration and the Supreme Court, after having considered the relevant provisions of the Prevention of Corruption Act (II of 1947) and the Pakistan Special…

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