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Law Citations

28 October at 15:22 ·

#___Mashirnama__

S.103 Cr.P.C. Vs. 40 QSO

"---Word `Mashirnama' was not mentioned in S.103 of Cr.P.C. but for their convenience, police described record prepared under S.103, Cr.P.C. as `Mashirnama'

Under S.103, Cr.P.C., the word `Mashir' meant two or more #respectable_inhabitants of locality or neighbourhood of place searched by police officer.

#Requirement of law under S.103, Cr.P.C., concerning preparation of record was that the police officer would prepare list of things seized, show the places from where such things were recovered and get the same signed by two witnesses/Mashirs-
If a police officer mentioned facts in Mashirnama beyond scope of S.103, Cr.P.C. then he was doing so in excess of his official duty and entries of such facts in `Mashirnama' were not to be in the discharge of his public duty-
Such facts were not to be admissible in evidence under Art.49 of Qanun-e-Shahadat, 1984-

Provisions of S.103, Cr.P.C., are not applicable in respect of searches made under
#Ss_20_21_22_and_23 of Control of Narcotic Substances Act, 1997 in view of S.25 of the said Act.

Provisions of S.103, Cr.P.C., Are applicable to #search_of_a_house but not to search made elsewhere i.e. on highways or road sides or public places like railway stations, bus stands or airports. ((PLD 2006 KARACHI 698))

What is the difference between a search under section 103 Cr.P.C and search under Article 40 of QSO....?
Ans:
S. 103 Cr. P. C. relates to search by a police officer under Chapter VII of Cr.P.C and not to the case where a weapon of offence is produced or
recovered by the Police at the instance of the accused. When an accused under
interrogation leads to recovery or discovery of any fact which was within his knowledge
section 103 Cr. P. C. has no relevance. In such a case the recovery got made by accused
would be admissible under Article 40 of the Q.S. Order 1984, and therefore strict
compliance of section 103 Cr. P. C. is not necessary..

Divorce on the basis of Khula would be the one Talaq...Husband and wife can reunion without intervening marriage i.e (HALALA). Even after 10 year and even the Talaq MOUSAR certificate by the union council has been issued....Reliance can be made on the following
2011 CLC 1211..
PLD 2011 Lah 458..
PLD 2003 Pesh, 169.