Law: Transplantation of Human Organs and Tissues Act, 2010

Section: 14,10,11,9

Law: Constitution of Pakistan, 1973

Section: 199

Law: Criminal Procedure Code (V of 1898)

Section: 249-A,561-A

(a) Transplantation of Human Organs and Tissues Act (VI of 2010)--- ----Ss. 14, 10, 11 9---Constitution of Pakistan, Art. 199---Cognizance of offences under the Transplantation of Human Organs and Tissues Act, 2010 ---Illegal kidney transplant---Quashment of FIR---Scope/accused sought quashment of FIR in respect of offences under Ss. 10, 9 11 of Transplantation of Human Organs and Tissues Act, 2010 (the Act) wherein allegations of conducting illegal kidney transplant were levelled on him---Contention of petitioner, inter alia, was that under S. 14 of Transplantation of Human Organs and Tissues Act, 2010; no court could take cognizance of an offence under said Act except on complaint in writing made by Monitoring Authority, or Secretary or aggrieved person who had given notice of no less than 15 days, and same was not done in the present case---Validity---Taking cognizance of an offence by a court was distinct from investigation of a reported offence by police or any other investigating agency, and said S. 14(2) of the Act, did not place embargo on reporting of an alleged offence under Transplantation of Human Organs and Tissues Act, 2010 to police, and subsequent registration of FIR and investigation---Constitutional petition was dismissed, in circumstances. Industrial Development Bank of Pakistan and others v. Mian Asim Fareed and others 2006 SCMR 483 rel. (b) Constitution of Pakistan--- ----Art. 199--- Criminal Procedure Code (V of 1898), Ss. 249-A 561-A---Constitutional jurisdiction of High Court---Quashing of proceedings/FIR---Inherent jurisdiction of High Court---Scope---High Court in its Constitutional jurisdiction and under S. 561-A of Cr.P.C. had authority to quash a FIR, but such jurisdiction was to be exercised in exceptional and rare cases; and had to be done with circumspection so as to not effect due process of law and exercise to be carried out by Investigating Agencies / police. Director-General, Anti-Corruption Establishment, Lahore and others v. Muhammad Akram Khan and others PLD 2013 SC 401 rel. JUDGMENT SADIQ MAHMUD KHURRAM, J.--- Through this petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the…

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