Law:

Section:

West Pakistan Maintenance of Public Order Ordinance (XXXI of 1960)--- ----S.3---Control of Narcotic Substances Act (XXV of 1997), S.9(b)---Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts.3 & 4---Constitution of Pakistan, Arts.199, 5(2) & 15---Constitutional petition---Arrest and detention of suspected persons---Deputy Commissioner, on the report of police, issued preventive detention order of the petitioners for a period of thirty days---No record was produced showing indulgence of the petitioners in anti-social activities---Involvement of the petitioners in cases of narcotics did not justify issuance of orders of their preventive detention---Petitioners were not served with the impugned orders---Impugned detention orders did not contain reasonable material to detain an individual and curb his liberty and freedom of movement---Impugned orders were set aside and petitioners were released---Constitutional petition was accepted. JUDGMENT MRS. IRSHAD QAISER, J.---Through this single judgment, this Court shall dispose of two writ petitions, as common questions of law and facts are involved therein. The particulars of writ petition are as follows:-- (i) Khurram Shahzad v. Government of Khyber Pakhtunkhwa and others (Writ Petition No.425-A of 2013) (ii) Raja Azeem alias Mansoor v. Government of Khyber Pakhtunkhwa and others (Writ Petition No.426-A of 2013) 2. The brief and essential facts leading to the aforementioned petitions are that on the report of local police regarding indulgence of the petitioners in narcotics business and certain anti-social activities, respondent No.2, Deputy Commissioner, Abbottabad has issued preventive detention orders dated 30-4-2013 of the petitioners in exercise of powers conferred upon him under section 3(1) of the West Pakistan Maintenance of Public Order Ordinance, 1960, for a period of thirty days with effect from the date of their arrest. The petitioners have impugned the said orders by filing the aforementioned writ petitions praying that the impugned orders be set aside and the petitioners be released forthwith. It was alleged by the petitioners that they were apprehended by the local police on 30-4-2013 in…

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