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Criminal Procedure Code (V of 1898)-------S. 352---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---High Court (Lahore) Rules and Orders, Vol. III, Chap. I, Part A(3)---Place for holding Criminal Court for trial---Criminal trial should always be held in an open Court where general public could have an easy access; in exceptional circumstances, Presiding Judge or Magistrate, however, could deny access to public in general or any particular person---Similar provision was contained in Volume III, Chapter 1, Part A(3) in Rules and Orders of (Lahore) High Court, which had given discretion to Presiding Officer alone to hold trial in jail and for that purpose, Trial Court had to make a reference to obtain the sanction of Government. JUDGMENT M.A. SHAHID SIDDUQUI, J.---Through this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, Mian Muhammad Idrees and Haji Noor-ul-Islam petitioners, who are being tried alongwith eight others by a learned Additional Sessions Judge, Multan, in case under sections 9(c) and 15 of the Control of Narcotic Substances Act, 1997, registered with Anti-Narcotics Force, Multan, vide F.I.R. No.9 of 2001, have challenged the legality of the order of the Home Department, Government of the Punjab, dated the 29th October. 2003, whereby the approval has been accorded of the holding of the trial of the accused inside the promises of New Central Jail, Multan. 2. The documents submitted by Mr. Muhammad Mumtaz Malik, Advocate, learned Special Prosecutor for A.N.F., Multan, indicate that on 6th October, 2003, Captain Shaukat Jawad Khan, Assist4nt Director; A.N.F. Multan, wrote a confidential letter to the learned `District and Sessions Judge, Multan, for making a Reference to the Home Department, Government of the Punjab, seeking permission to conduct the trial of the said case in jail. The Home Department, on the reference made by the learned District and Sessions Judge, Multan, through the Lahore High Court, Lahore, passed the impugned order. 3. Learned counsel for the petitioners, while assailing the impugned order argued that it is the right of the accused to be tried in open Court as envisaged under…

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