A.S.I. Police is not authorised to search accused u/S. 19 Control of Narcotics Substance Ordinance, 1996 and recovery not made before mashirs who were available at the spot. Bail allowed. (D.B.) PLJ 1996 Cr. C (Kar) 691, Roze Muhammad Khan.
A.S.I. Police not competent to search and arrest for recovery of narcotics u/Ss.. 9 and 21 & 22 of the Control of Narcotics Substances Ordinance, 1995. Conviction and sentence for recovery of 12 grams of heroin set aside. No person from locality was joined as a witness. (DB) PLJ 1998 Cr.C. (Lah.) 915, Khalid Nawaz.
Control of Narcotics Substances Act 1997 does not repeal Prohibition (Enforcement) Order 1979, by implication as both the laws are not contradictory to each other. PLJ 1988 FSC 35, Rasul Bakhsh.
Bail, case u/Ss. 3&4 of Prohibition Order, 1979 read with sec. 9 of Control of Narcotic Substances Ordinance, 1995. All prosecution witnesses are police officials. Inspector not only recovery witness but also complainant and I.O., undoubtedly causing prejudice to the case. Held, a case of further inquiry. Bail allowed. PLJ 1996 Cr.C (Lah) 1299, Sajjad Hussain.
220 grams of charas recovered, offence under Article 9(b) (iii) Control of Narcotic Substances Ordinance. Petitioner not a previous convict, matter not falling in prohibition clause of sec. 497(1) Cr.P.C. Bail allowed. PLJ 1997 Cr.C (Lah) 171, Muhammad Munir.
When quantity of heroin recovered did not entail sentence falling in prohibition clause of Sec. 497(1) Cr.P.C. bail was refused to a female with a suckling baby for offence u/S. 3/4 Prohibition (Enforcement of Hadd) Order IV of 1979 and Sec. 9, 15 & 51 of Control of Narcotic Substances ACT XXV of 1997. (DB) PLD 1998 Lah. 146, Mst. Nasira Bibi.
Provisions of Sec. 21(2) Control of Narcotics Substances Act 1997 are directory and not mandatory. Therefore proceedings initiated by a v officer below the rank of Sub-Inspector Police do not vitiate the proceedings. PLJ 1998 Cr.C. (Lah.) 67, Muhammad Ramzan.
50 grams of heroin recovered from woman who was in custody for 7 months. Case not covered by prohibition clause. Bail allowed. (DB) PLJ 1998 Cr.C. (Lah.) 65, Mst. Sakina Bibi etc.
25 grams of heroin recovered, bail allowed for offence u/S. 9 of Narcotic substances Control Ordinance, 1997 as the offence was ounishable with 2 years imprisonment. PLJ 1998 Cr.C. (Lah.) 918, Dost Muhammad.
Death sentence order passed by Special Court of Supersession of T.A. Act, 1975 is not to be sent to High Court at reference. General law does not apply to Special Enactment. (DB), PLJ 1998 Cr.C. (q) 531 State v.ÿAbdul Qadir
Bail u/S. 30(3) Anti-Terrorism Act, 1997 can only be granted by Special Court if there are reasonable grounds to believe that the offence has not been committed by the petitioner. (DB) PLJ 1998 Cr.C. (Lah.) 651. Imran Murtaza.
Transfer of case to Special Court under Anti-Terrorism Act, 1997 by Sessions Court, although there is no special provision for the transfer of the case by the Sessions Court yet the case shouldbe transferred on the basis of the FIR if it appears that it is a Scheduled Offence under the Anti-Terrorism Act, 1997. PLD 1998 Lah. 371, Faisal Iqbal.
Anti-Terrorism Act is invalid to the extent of provision: Sec. 592)(i) that Police officers, Armed Forces and civil Armed Forces charged with the duty of preventing terrorism can open fire on a person who opinion, in all probability is likely to commit a terrorist act or any scheduled offence without being fired upon.
Sec. 10, [Power to enter or search in its present from is not valid. Before entering upon a premises which is suspected to have material or a recording in contravention of sec. 8 of the Act, the concerned officer, Armed Forces or Civil Armed Forces shall record in writing his reasons before conducting such search.
Sec. 19(10(b) Anti-Terrorism Act which provides for the trial of an accused in absentia on account of his misbehaviour in the Court is violative of Article 10 of the constitution and is thus invalid.
Sec. 24. Instead of Tribunal word High Court should be used.
Sec. 25. "High Court" instead of Appellate Tribunal shouldbe used.
Sec. 27. The power should vest in the High Court instead of Appellate Tribunal.
Sec. 28. Word High Court to be used instead of Appellate Tribunal.
Sec. 30. & Sec. 37,. Word High Court to be used instead of Appellate Tribunal.
Sec. 26. Admissibility of confession made before a police officer not below the rank of DSP shouldbe amended to read "Judicial Magistrate" instead of DSP.
Sec. 35. Power to make rules is to vest in High Court to be notified by the Govt.
Sec. 14. Provisions of Sec. 14 to be amended to provide security of tenure of service to the Judges of the Special Court in consonance with the independence of judiciary. 1998 SCMR 1156 Mehram Ali etc. v. Federation of Pakistan.
More than two years elapsed but trial not concluded bail allowed for offences u/Ss.. Iv of 1979 Ordinance read with Sections 6, 8, and 9 of Control of Narcotic Substances Ordinance, 1995. Provisions of Section 51 of ANS Act, 1997 are not available in Anti Narcotics Substances Ordinance 1995. (DB) PLJ 1999 Cr.C. (Kar.) 281 Saidan and another.