| Citation(s) |
|---|
| 2016 SLG 2580 2016 SLD 2580 2016 PCRLJ 1504 |
SHAHID HAMEED DAR, JUSTICE AND SYED SHAHBAZ ALI RIZVI, JUSTICE
Syed Intekhab Hussain, Special Prosecutor for ANF.
ANTINARCOTIC FORCE THROUGH REGIONAL DIRECTOR///FORCE COMMANDER, REGIONAL DIRECTORATE, ANF
VS
. RAZIA KAUSAR ALIAS RANI AND another--RespondentS
Law:
Section:
(a) Criminal Procedure Code (V of 1898)--- ----S. 439--- Revision--- Maintainability--- Limitation---No period of limitation had been prescribed under S. 439, Cr.P.C., nor any specific number of days, as in case of an appeal, had been fixed whereafter a revision would not formally be entertained---While no limitation had been prescribed for filing a criminal revision, the same had to be filed within reasonable time-limit which would depend upon the circumstances of each case---In the present case, revision petition was filed more than sixteen months after the pronouncement of and about a year after complainant had obtained attested copy of the same---Complainant was the most relevant person to worry about the outcome of the case right from the beginning but he hardly showed any intent and had he been vigilant enough and on his toes, he would have come to know about its result well in time---Accused's release from the prison, in the present case, was a years old matter which showed that complainant took the matter too lightly and did not bother to challenge the accused's sentence within reasonable time---Delay caused was massive and filing of present revision petition had certainly gone past the boundaries of reasonableness, in terms of time-limit, hence, the same was not maintainable. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 48(1)---Limitation Act (IX of 1908), S.3 & Sched.---Appeal---Limitation---Scope---Appeal under S. 48(1) of Control of Narcotic Substances Act, 1997 against of conviction/sentence of Trial Court could be filed within a certain time-limit as envisaged by the First Schedule and S. 3 of Limitation Act, 1908---Limitation provided by the statute for filing an appeal against conviction, recorded by Trial Court, may be extended and delay caused, if any, be condoned under the relevant provisions of the Control of Narcotic Substances Act, 1997 provided the attending circumstances of the case warranted so---In the present case, time consumed by the petitioner in fetching attested copy of impugned in filing the appeal spanned over a year, for which the appellant had no plausible explanation to offer---Delay caused was too…
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