Law: Control of Narcotics Substances Act, 1997

Section: 9(c),48

Law: Constitution of Pakistan, 1973

Section: 10A

Law: Criminal Procedure Code (V of 1898)

Section: 103,265-C,340(2),342,374,382-B,540

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

Section: 133,161

Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c) & 48---Qanun-e-Shahadat (10 of 1984), Art. 133---Constitution of Pakistan, Art. 10-A---Recovery of narcotics---Appreciation of evidence---Fair trial---Due process of law---Cross-examination by accused himself---Accused was arrested by authorities and 1415 grams of Charas was allegedly recovered---Trial Court convicted and sentenced accused to imprisonment for four years and six months---Plea raised by accused was that he was not afforded an opportunity to cross-examine witnesses through advocate---Validity---Decision of case was delayed because of non-availability of prosecution witnesses---Trial Court committed material irregularity while conducting proceedings and not affording an opportunity to accused to produce his counsel---High Court set aside passed by Trial Court and remanded matter for decision after affording an opportunity to accused to cross-examine prosecution witnesses---Appeal was allowed accordingly. Zahira Habibullah Sheikh and another v. State of Gujarat and others AIR 2006 SC 1367; Muhammad Sukur Ali v. State of Assam AIR 2011 SC 1222; Powell v. Alabama, 287 U.S. 45 (1932); Betts v. Brady, 316 U.S. 455 (1942); Gideon v. Wainwright, 372 U.S. 335 (1963); Miranda v. Arizona 384 U.S. 436 (1966); Maneka Gandhi v. Union of India AIR 1978 SC 597; M. H. Hoskot v. State of Maharashtra AIR 1978 SC 1548; Hussainara Khatoon and others v. Home Secretary, State of Bihar AIR 1979 SC 1369; Khatri and others v. State of Bihar and others AIR 1981 SC 928; Rafiq Ahmed @ Rafi v. State of Uttar Pradesh AIR 2011 SC 3114; Muhammad Hussain alias Julfikar Ali v. State (Govt.of NCT), Delhi AIR 2012 SC 750 = 2012 SCMR 1610; Shahsawar v. The State 1998 PCr.LJ 1758; Khatri and others v. State of Bihar and others 1981 SCR (2) 408; Suk Das and another v. Union Territory of Arunachal Pradesh AIR 1986 SC 991; Abdul Aziz and another v. The State 1984 PCr.LJ 530; Kunnummal Mohammed and another v. State of Kerala AIR 1963 Kerala 54; Yaqoob alias Qobi v. The State and another 2014 MLD 69; Mehtab Ahmed v. The State and others 2015 YLR 1132; Yahya Bakhtiar, Advocate v. The State through the Secretary, Ministry of…

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