| Citation(s) |
|---|
| 2017 SLG 1076 2017 SLD 1076 2017 SCMR 1213 |
Supreme Court of Pakistan
Criminal Appeal No. 254 of 2014, decided Date : 18th May, 2016. Heard on: 18th May, 2016. (Against the judgment Dated 16.06.2010 passed by the Lahore High Court, Rawalpindi Bench, Rawalpindi in Criminal Appeal No. 424 of 2003)
ASIF SAEED KHAN KHOSA, SARDAR TARIQ MASOOD AND TARIQ PARVEZ, JJ
Raja Inam Amin Minhas, Special Prosecutor, Anti-Narcotics , Muhammad Tariq, Deputy Director, Anti-Narcotics and Waseem Ahsan, Assistant Director, Anti-Narcotics for Appellant. Syed Zulfiqar Abbas Naqvi, Advocate Supreme Court and Arshad Ali Chaudhry, A
Criminal Appeal No. 254 of 2014, decided Date : 18th May, 2016. Heard on: 18th May, 2016. (Against the judgment Dated 16.06.2010 passed by the Lahore High Court, Rawalpindi Bench, Rawalpindi in Criminal Appeal No. 424 of 2003)
ASIF SAEED KHAN KHOSA, SARDAR TARIQ MASOOD AND TARIQ PARVEZ, JJ
Raja Inam Amin Minhas, Special Prosecutor, Anti-Narcotics , Muhammad Tariq, Deputy Director, Anti-Narcotics and Waseem Ahsan, Assistant Director, Anti-Narcotics for Appellant. Syed Zulfiqar Abbas Naqvi, Advocate Supreme Court and Arshad Ali Chaudhry, A
STATE THROUGH DIRECTOR GENERAL, ANTINARCOTICS FORCE
VS
. ABDUL JABAR ALIAS JUBBARA-
Law: Control of Narcotics Substances Act, 1997
Section: 48,50(1),71
Law: Anti Narcotics Force Act, 1997
Section: 5(a)
(a) Control of Narcotic Substances Act (XXV of 1997)---.--- ---.----Ss.48, 50(1) & 71---.---Anti-Narcotic Force Act (III of 1997), S. 5(a)---.---Acquittal of accused person by Special Court---.---Appeal against acquittal filed before the High Court---.---Question as to whether the State or any of its delegatee were competent to file appeal against acquittal before the High Court; held, that S. 48 of the Control of Narcotic Substances Act, 1997 provided a right of appeal against an order passed by a Special Court constituted under the said Act---.---Appeal could competently be filed by the State against acquittal of an accused person by a Special Court---.---State/Federal Government could competently file an appeal (against acquittal) before the High Court; the Director-General, Anti-Narcotics Force could act in the matter as a delegatee of the Federal Government; and the function of the Anti-Narcotics Force regarding filing of an appeal could competently be performed by any official of the Force, including a Special Prosecutor, as directed by the Director-General, Anti-Narcotics Force. The State v. Mst. Fazeelat Bibi PLD 2013 SC 361 ref. (b) Appeal (criminal)---.--- ---.----Scope---.---Appeal in a criminal case was a continuation of the trial. Muhammad Hanif and others v. The State and others 2001 SCMR 84 and The State through Advocate-General, N.-W.F.P. Peshawar v. Naeemullah Khan 2001 SCMR 1461 ref. (c) Appeal against acquittal---.--- ---.----Scope---.---When an accused person was acquitted by a Trial Court then filing of an appeal against his acquittal may also be a step towards his prosecution. THIS JUDGMENT DELIVERED BY: ASIF SAEED KHAN KHOSA, JUSTICE---.--- Criminal Miscellaneous Application No. 819 of 2016 This miscellaneous application is allowed and the documents appended therewith are permitted to be brought on the record of the main appeal. Disposed of. Criminal Appeal No. 254 of 2014 2. Abdul Jabar alias Jabbara respondent was tried by a learned Judge, Special Court (CNS), Rawalpindi on the allegation of having acquired and being in possession of assets derived from narcotic substances, etc. and after a full-dressed trial he was acquitted of the…
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