Law: Prohibition (Enforcement of Hadd) Order, 1979

Section: 3/4

Law: Control of Narcotics Substances Act, 1997

Section: 9

Law: Criminal Procedure Code (V of 1898)

Section: 537

Prohibition (Enforcement of Hadd) Order (4 of 1979)--- ----Arts. 3/4---Control of Narcotic Substances Act (XXV of 1997), S.9--¬Criminal Procedure Code (V of 1898), S.537---Appreciation of evidence---Accused at the commencement of trial was charge-sheeted for offences under Arts.3 & 4 of Prohibition (Enforcement of Hadd) Order, 1979 by Sessions Judge, but before any substantial step could be taken in the trial, Sessions Judge framed another charge-sheet, purportedly, against accused in his capacity as Special Judge Narcotics under S.9 of Control of Narcotic Substances Act, 1997---Validity---Charge-sheet framed under S.9 of Control 'of Narcotic Substances Act, 1997 related to an offence that allegedly took place long before enforcement of said Act and it was wholly illegal---Sessions Judge though, ultimately convicted accused under Art.3 of Prohibition (Enforcement of Hadd) Order 1979, but he had mentioned his designation as Special Judge Narcotics---Such a course of action was not permissible in law---Framing of charge-sheet under S.9 of Control of Narcotic Substances Act, 1997, in the fact and circumstances of case, was not curable under S.537, Cr.P.C.---Impugned , in circumstances was not maintainable in law as possibility that accused might have misled in defence due to illegal charge-sheet, could not be excluded---Impugned of Sessions Judge vas set aside and case was remanded to be decided afresh after granting opportunity to accused to lead defence evidence---Trial Court, after hearing parties would pronounce fresh on basis of original charge-sheet framed under Arts.3/4 of Prohibition (Enforcement of Hadd) Order, 1979. THIS JUDGMENT DELIVERED BY: SAEED-UR-REHMAN FARRUKH, JUSTICE:---.--- This appeal is directed against the judgment dated 22-1-2004 passed by the Special Judge Narcotics, Mirpurkhas, whereby the appellant was convicted under Article 3 of the Prohibition (Enforcement of Hadd) Order, 1979 and sentenced to twelve years' R.I: 'and fine of Rs.5,000 or in default to further undergo three months' S.I. The benefit of section 382-B, Cr.P.C. was extended to him. 2. Relevant facts are; a case was registered on 3-7-1995 under Articles 3 and 4 of the…

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