| Citation(s) |
|---|
| 2018 SLG 1140 2018 SLD 1140 2018 PCRLJ 837 |
Balochistan High Court
Criminal Bail (Jail) Application No. 145 of 2017, decision Dated: 13-12-2017, hearing Date : 07-12-2017.
ZAHEER-UD-DIN KAKAR, JUSTICE
Miss Afshan Memon for Applicant. Shams-ud-Din Achakzai, Special Prosecutor, ANF for the State.
Criminal Bail (Jail) Application No. 145 of 2017, decision Dated: 13-12-2017, hearing Date : 07-12-2017.
ZAHEER-UD-DIN KAKAR, JUSTICE
Miss Afshan Memon for Applicant. Shams-ud-Din Achakzai, Special Prosecutor, ANF for the State.
MUHAMMAD ALAM
VS
THE STATE
Law:
Section:
(a) Anti-Money Laundering Act (VII of 2010)--- ----Ss. 3, 4, 20, 39 & Sched.---Control of Narcotic Substances Act (XXV of 1997), Ss. 9(c), 13, 14 & 15---Possession of 1290 grams of heroin and foreign currency---Predicate offence---Jurisdiction---Scope---Special Court Control of Narcotic Substances admitted accused for bail for offences under Control of Narcotic Substances Act, 1997 but refused bail for offences under Anti Money Laundering Act, 2010---Validity---Section 20 of Anti Money Laundering Act, 2010 envisaged that the Court of Session established under the Criminal Procedure Code, 1898 would, within territorial jurisdiction, exercise jurisdiction to try and adjudicate the offence(s) punishable under the Anti Money Laundering Act, 2010 , however, proviso (a) of S. 20 of the said Act showed that if the predicate offence was triable by any court other than the Court of Session, then the offence of money laundering and all matters connected therewith or incidental thereto would be tried by the Court trying the predicate offence(s)---As the main offence against the accused fell within the ambit of Control of Narcotic Substances Act, 1997, therefore, being predicate offence, the same was triable by the Special Judge, Control of Narcotic Substances---Control of Narcotic Substances Act, 1997 also fell within the meaning of "predicate offences" as mentioned in the Schedule of Anti-Money Laundering Act, 2010---Section 39 of Anti-Money Laundering Act, 2010 had overriding effect and said provision would be in addition to, and not in derogation of, which indicated that where the predicate offence was triable by any Court, the offence of Anti-Money Laundering Act, 2010 would be cognizable by that Court---Court under Control of Narcotic Substances Act, 1997 was competent to adjudicate matter in the present case---Offence under Ss. 3 & 4 of Anti-Money Laundering Act, 2010 not falling within the prohibitory clause of S. 497, Cr.P.C., therefore, the bail was granted to accused. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Anti-Money Laundering Act (VII of 2010), Ss. 3 & 4---Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Bail, grant…
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