Law:

Section:

(a) Control of Narcotic Substances Act (XXVII of 1997)--- ----Ss. 6 & 9(c)---Criminal Procedure Code (V of 1898), Ss. 340 (1) & 537---Constitution of Pakistan, Art. 10-A---Federal Capital and Sindh Courts Criminal Circulars, Chapter VII, Circular 6---Possession of narcotic drugs---Appreciation of evidence---Accused's right to be defended by counsel---Ten packets (10 Kg) of charas was allegedly recovered from rear seat of rickshaw driven by accused---Offence under S.9(c) of Control of Narcotic Substances Act, 1997 was punishable for death or imprisonment for life therefore accused was required to be defended by a counsel and trial to be conducted in presence of his counsel---If accused was unable to engage counsel, Trial Court would have provided facility of a counsel on State expenses before framing of charge---In the present case, charge and examination-in-chief of one prosecution witness was recorded in absence of counsel for the accused---Trial in absence of counsel for the accused was an illegality which could not be cured under S.537, Cr.P.C.---One of the duties of Trial Court was to see that accused was represented by a qualified legal practitioner in the case involving capital punishment---Trial Court did not perform its function diligently so as to protect the rights of the accused in the case involving capital punishment---Case was remanded to Trial Court for re-trial after framing fresh charge in presence of the advocate for accused---Appeal was allowed accordingly. Shafique Ahmed alias Shahjee v. The State PLD 2006 Karachi 377 rel. (b) Constitution of Pakistan--- ----Art. 10-A---Right to fair trial---Scope---Accused could not be denied the right to consult and be defended by a legal practitioner of his choice. (c) Criminal Procedure Code (V of 1898)--- ----Ss. 340(1) & 537---Federal Capital and Sindh Courts Criminal Circulars, Chap. VII, Circular 6---Accused's right to be defended by counsel---Scope---Accused was entitled to be defended by a pleader as a matter of right---Trial in absence of counsel for accused would become illegal and such illegality could not be cured under S. 537, Cr.P.C.---Court would ascertain from the accused as to…

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