Law: Control of Narcotics Substances Act, 1997

Section: 9(c),26

Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c) & 26---Delinquent officers, proceedings against--- Petitioner was complainant who registered FIR in a case where 68 kilograms of heroin was recovered from accused---Accused was acquitted by Trial Court and authorities were directed to initiate departmental proceedings against the petitioner---Validity---Benefit of doubt was extended to accused by certain personal observations of Trial Court which was beyond the authority of Trial Court---Fact that accused was heroin addict prevailed upon Trial Court who observed that it was unimaginable that he could be trusted through whom transportation of such items could be carried out---Observations of Trial Court to the extent of issuance of direction for initiation of departmental proceedings against petitioner was uncalled for and was not maintainable---Though there were strong grounds for acquittal of accused but recovery and arrest could not be termed as hit by provision of S. 26 of Control of Narcotic Substances Act, 1997---High Court set aside the observations and order rendered by Trial Court against petitioner--- Constitutional petition was allowed accordingly. THIS JUDGMENT DELIVERED BY: IJAZ ANWAR, JUSTICE:---.--- Mushtaq Ahmad, petitioner herein, through the instant Constitutional petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, has prayed for the following relief:- "On acceptance of this writ petition, i. The order dated 17.03.2015, order dated 18.05.2015 passed by the respondent No.2 i.e. Judge Special Court, Control of Narcotic Substances (CNS) be set aside and declared illegal, unjustified, uncalled for, bad in law and facts and against the norms of justice. ii. The respondent No.3 be directed not to take any further action on charge sheet dated 29.05.2015. iii. Any other relief not specifically prayed for and this Hon'ble Court deems appropriate may also very graciously be granted in favour of the petitioner and against the respondents." 2. Facts, in brief, leading to the instant writ petition are that petitioner being Inspector of Anti Narcotics Force, recovered 68 KGs heroin from one Akhtar Muhammad…

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