| Citation(s) |
|---|
| 2004 SLG 2846 2004 SLD 2846 2004 PLD 394 |
Supreme Court of Pakistan
Criminal Petition for Leave to Appeal No. 108-K of 2003, decided on 6th February, 2004.
NAZIM HUSSAIN SIDDIQUI, C.J., SYED DEEDAR HUSSAIN SHAH AND ABDUL HAMEED DOGAR, JJ
Rana M. Shamim, Advocate Supreme Court and Ms. Wajahat Niaz, Advocate-on-Record for Petitioner. Nemo for
Respondent
Criminal Petition for Leave to Appeal No. 108-K of 2003, decided on 6th February, 2004.
NAZIM HUSSAIN SIDDIQUI, C.J., SYED DEEDAR HUSSAIN SHAH AND ABDUL HAMEED DOGAR, JJ
Rana M. Shamim, Advocate Supreme Court and Ms. Wajahat Niaz, Advocate-on-Record for Petitioner. Nemo for
Respondent
KARL JOHN JOSEPH
VS
THE STATE
Law:
Section:
(a) Control of Narcotic Substances Act (XXV of 1997)----- ----S. 9(c)---Constitution of Pakistan (1973), Art.185(3)---Petition for leave to appeal---Explanation furnished by the prosecution being convincing and natural, non-joining of private persons as Mashirs of recovery was of no consequence---Case of accused was distinguishable from that of acquitted co-accused as according to prosecution version the boat from which "Charas" was recovered belonged to the accused and not to the said co-accused---High Court had considered the case in its proper perspective without any misreading or non-reading of the material and the impugned was- based on proper appreciation of facts and law---Requirement-of search warrant could be dispensed with if the same could not be possibly obtained from the Court before conducting the search ---A.N.F. Officials, in the circumstances of the case, could not obtain the search warrants from the Court and the complainant, therefore, was competent to search the boat without search warrant---Leave to appeal was refused to accused in circumstances. Fida Jan v. The State 2001 SCMR 36 ref. (b) Control of Narcotic Substances Act (XXV of 1997)-- ----S 20---Issuance of search warrants---Provisions of S.20 of the Control of Narcotic Substances Act, 1997, being directory in nature, non-compliance thereof cannot be considered a strong ground for making the trial of accused bad in the eye of law. Fida Jan v. The State 2001 SCMR 36 ref. JUDGMENT SYED DEEDAR HUSSAIN SHAH, J.---This petition is directed against the judgment of the High Court of Sindh, Karachi, dated 18-12-2003, passed in Criminal Appeal No. 198 of 2003. 2. The facts, in brief, are that complainant Ghulam Abbas, Inspector of Anti-Narcotic Force, Police Station A.N.F. Clifton Karachi, received information from his superiors that a couple of German nationality possessing huge quantity of narcotic substances was present in Boat No.6989 anchored in the sea at Marina Club Karachi. After receiving such information, the complainant alongwith his subordinates reached the Marina Club Where they contacted its administration and inquired about the boat with the German Nationals. After obtaining the…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492