Case Details

Citation(s)
2019 SLG 2394 2019 SLD 2394 2019 PLJ 1048
Lahore High Court
Criminal Appeal No. 267 of 2018, decision & hearing Dated: 05.04.2018.
QAZI MUHAMMAD AMIN AHMED, JUSTICE CH. MUSHTAQ AHMAD, JUSTICE
Petitioner(s) by: Malik M. Majid Shahbaz Khokhar, Advocate

GHULAM ABBAS

VS

STATE AND ANOTHER

Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Qanun-e-Shahadat (10 of 1984)

Section: 133

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)--Qanun-e-Shahadat Order, 1984, Art. 133--Conviction and sentence--Challenge to--Right of cross-examination--Non availability of defence counsel--Allow solitary opportunity--On account of non-availability of defence counsel on a number of dates learned trial Court ultimately proceeded to forfeit appellant's right to cross examine witnesses--Cross examination is most important right of an accused--Accused is entitled to a fair trial which presuppose reasonable opportunity to defend himself--However, given charge and possible consequences concomitant therewith, it would be expedient to allow solitary opportunity to petitioner to cross examine witnesses. THIS ORDER PASSED BY: CH. MUSHTAQ AHMAD, JUSTICE---.--- Appellant is contesting indictment before learned Additional Sessions Judge at Karor; he was allegedly found in possession of some contraband attracting mischief of Section 9(c) of the Control of Narcotic Substances Act, 1997 vide Crime Report No.330 dated 7.8.2016 registered with Police Station Fatehpur, District Layyah; he claimed trial pursuant whereto prosecution evidence was summoned; as some of the witnesses were examined-in-chief, however, on account of non-availability of defence counsel on a number of dates…
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