Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Criminal Procedure Code (V of 1898)

Section: 342,537

Control of Narcotic Substances AM (XXV of 1997)     S. 9(c) Criminal Procedure Code (V of 1898), Ss.342 537 ¬Appeciation of evidence Remand of case Challan against the accused had been submitted under Arts.3/4 of Prohibition (Enforcement of Hadd) Order, 1979 whereas the charge had been framed under Control of Narcotic Substances Act, 1997 Accused being pauper was provided a junior Advocate to defend him Statement of the accused under S.342, Cr.P.C. did not bear the signature of the accused which was the violation of S.342(2), Cr.P.C. which is an illegality not curable under S.537, Cr.P.C. and said statement was also not taken into consideration by the Trial Court while delivering the Case was remanded with the consent of the parties to the Trial Court to decide the same afresh after framing fresh charge and holding a fresh trial giving full opportunities of hearing to the parties.   Ahmed Ali Shaikh for Appellant.   Abdul Fatah Mughul for the State.   hearing date: 16th May, 2001. JUDGMENT FAIZ MUHAMMAD QURESHI, J.Present appellant has called in question the impugned judgment; dated 3 11 1999 passed by the learned Special Judge, Narcotics, Shikarpur in Special Case No. 137 of 1995 under section 9(c), Control of Narcotic Substances Ordinance, 1995 whereby the appellant has been convicted and sentenced to suffer imprisonment for life and to pay fine of Rupees one million and in default of payment of fine to appellant to undergo S.I. for three years and the benefit of section 382 B, Cr.P.C. has been also accorded to appellant, hence this appeal. Briefly the facts of the prosecution as narrated in the F.I.R. are that the complainant received orders from the S.S.P., Shikarpur that narcotics are being supplied from village Bado so he asked him to keep vigilant eye on that route. Accordingly he started strict checking on that road. On 6 6 1995 the complainant received spy information that few bags containing Charas are lying in the room of the house of accused Shah Nawaz son of Walidad Lolai in his village Bado, kept under threshed sheaves of wheat. On receiving such information the complainant alongwith his subordinate staff left the…

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