| Citation(s) |
|---|
| 2018 SLG 2569 2018 SLD 2569 2018 PLD 837 |
Supreme Court of Pakistan
Cr. A. No. 429 of 2017, decision & hearing Date : 26-09-2018 Against the judgment Dated 15-3-2016 passed by the High Court of Sindh at Karachi in Cr. Acq. A. No. 30 of 2014
ASIF SAEED KHAN KHOSA, JUSTICE MAQBOOL BAQAR, JUSTICE MAZHAR ALAM KHAN MIANKHEL, JUSTICE
Petitioner(s) by: Dr. Farhat Zafar, Advocate Supreme Court and Raja Abdul Ghafoor, Advocate-on-Record
Respondent(s) by: Farhat Nawaz Lodhi, Advocate Supreme Court Syed Nayyab Hussain Gardezi, Deputy Attorney-General for Pakistan (On Courts Notice:)
Cr. A. No. 429 of 2017, decision & hearing Date : 26-09-2018 Against the judgment Dated 15-3-2016 passed by the High Court of Sindh at Karachi in Cr. Acq. A. No. 30 of 2014
ASIF SAEED KHAN KHOSA, JUSTICE MAQBOOL BAQAR, JUSTICE MAZHAR ALAM KHAN MIANKHEL, JUSTICE
Petitioner(s) by: Dr. Farhat Zafar, Advocate Supreme Court and Raja Abdul Ghafoor, Advocate-on-Record
Respondent(s) by: Farhat Nawaz Lodhi, Advocate Supreme Court Syed Nayyab Hussain Gardezi, Deputy Attorney-General for Pakistan (On Courts Notice:)
STATE THROUGH DIRECTOR, DIRECTORATE GENERAL OF INTELLIGENCE AND INVESTIGATION, (CUSTOMS AND EXCISES), KARACHI
VS
HAJI NABI BUX AND OTHERS
Law: Control of Narcotics Substances Act, 1997
Section: 48
Law: Criminal Procedure Code (V of 1898)
Section: 404,431
Law: Customs Act, 1969
Section: 196
Control of Narcotic Substances Act (XXV of 1997)--- ----S. 48---Customs Act (IV of 1969), S. 196---Criminal Procedure Code (V of 1898), Pt., VII, Chapt. XXXI [Ss.404 to 431]---Recovery of narcotic substance---Appeal against acquittal filed by State---Maintainability---Right of appeal in a case of recovery of narcotic substance was squarely governed by the provisions of S. 48 of the Control of Narcotic Substances Act, 1997---Section 48 of the said Act catered for all kinds of challenges made to a or order of a Trial Court through an appeal and unlike its counterparts in the Customs Act, 1969 and the Code of Criminal Procedure, 1898, no restriction had been placed therein as to which person or authority could file an appeal ---Present case was a State case, the State had prosecuted the accused persons before the Trial Court and it was none other than the State itself which had filed an appeal before the High Court against acquittal of the accused persons recorded by the trial court---Apart from that the FIR had been lodged in the present case by the office of the Directorate-General of Intelligence and Investigation, Federal Board of Revenue, which was the complainant in the case and the appeal filed by the State before the High Court was through such complainant---Provisions of S.48 of the Control of Narcotic Substances Act, 1997 placed no restriction on the State or the complainant vis-a-vis filing of an appeal before the High Court --- High Court in the present case unnecessarily considered the provisions of the Customs Act, 1969 or the Code of Criminal Procedure, 1898 when the provisions of S. 48 of the Control of Narcotic Substances Act, 1997 were very clear and were the only provisions governing the subject of appeal in such a case---Case was remanded to the High Court with the direction to entertain the appeal filed before it as having been competently filed---Appeal was allowed accordingly. The State through Mehmood Ahmad Butt, Deputy Director, Regional Directorate, Anti-Narcotics Force, Lahore v. Mst. Fazeelat Bibi PLD 2013 SC 361 and State through Director General, Anti-Narcotics Force v. Abdul Jabar alias Jubbara 2017 SCMR 1213 ref. THIS JUDGMENT…
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