Lahore High Court (LHC) Dismisses Plea For Producing CDR As Evidence At Appellate Stage

A Lahore High Court (LHC) full bench on Tuesday dismissed an application filed by a female convict for producing call data record (CDR) as evidence at appellate stage

LAHORE, (UrduPoint / Pakistan Point News - 31st Jan, 2023 ) :A Lahore High Court (LHC) full bench on Tuesday dismissed an application filed by a female convict for producing call data record (CDR) as evidence at appellate stage.

The bench held, "We are of the view that bringing of Call Data Record through additional evidence on record of instant appeal is neither necessary for just decision of the case nor the same would serve any useful purpose for the appellant in any manner at the appellate stage".

The bench further observed that, at the appellate stage, CDR was not a conclusive piece of evidence to determine and establish identity and presence of any witness at some exact location. The trial court orders of dismissing the plea for verification of CDR was not challenged and it had attained finality.

The bench headed by Justice Aalia Neelum announced the verdict on the civil miscellaneous application filed by convict, Saima Noreen, a resident of Sargodha, said a written order released here.

Earlier, during the proceedings, the petitioner's counsel argued that an Anti-Narcotics Court handed down life imprisonment to the appellant, Saima Noreen, for drug trafficking in 2021.

He submitted that Saima Noreen had challenged the verdict through an appeal in the LHC and it was still pending.

He submitted that the appellant had also filed an application with the trial court for summoning the CDR of the witnesses to know their location at the time of recovery, adding that the CDR negates the presence of prosecution witnesses at the place of recovery. However, the trial court dismissed the same.

He pleaded with the court for summoning the CDR of prosecution witnesses along with representatives of the mobile company and taking additional evidence in this regard.

However, a counsel for Pakistan Telecommunication Authority (PTA) submitted that the CDR was kept for one year by a service provider, while submitting a report. He submitted that the application had been filed with much delay and it was impossible to present the CDR now.

At this stage, the prosecution also opposed the application and pleaded with the court to dismiss it.