Law: Control of Narcotics Substances Act, 1997

Section: 9(c),22,23

Law: Criminal Procedure Code (V of 1898)

Section: 561-A

Control of Narcotic Substances Act (XXV of 1997)--- ----Ss.9(c), 22 23---Criminal Procedure Code (V of 1898), S.561-A---Inherent jurisdiction of High Court---System of trial---Role of Trial Court---Further samples, taking of---Accused persons were facing trial on the charge of possessing narcotic substance---Trial Court allowed investigating officer to take further samples of recovered articles---Validity---Judicial dispensation in Pakistan is adversarial in its nature and character---Court acts as a neutral arbiter and has to dispassionately apprise, appreciate, examine and weigh the evidence placed before it rather than by ignoring the evidence and embarking on a probing journey---High Court set aside the order of Trial Court as the same was contrary to law laid down by Supreme Court--- Petition was allowed in circumstances. Muhammad Naeems case PLD 2019 SC 669; Qaiser Javed Khans case PLD 2020 SC 57 and Hussain Shahs case PLD 2020 SC 132 ref. JUDGMENT SYED ARSHAD ALI, J.--- My this judgment is aimed to dispose of this petition as well as the connected petition i.e. Cr. M (QP) No.74-P/2020, as essentially in both the cases adjudication of a common question of law are involved. 2. Brief facts of the case are that the petitioner Aqib Ali is an accused in the case FIR No.107 dated 14.08.2019, registered under section 9(c) of the Khyber Pakhtunkhwa CNSA, 1997, for having in his possession amphetamine weighing 4.975 KGs. 3. The accused Hayat Ullah is charged in the case FIR No.120 dated 05.09.2019, under sections 9(c)/15 of the Khyber Pakhtunkhwa CNSA, 1997, for having in his possession heroin weighing 6 KGs. 4. In both the cases, the learned Trial Court has allowed the application of the prosecution for collecting further samples from the recovered contraband for chemical analysis. Needless to mention that at the time of recovery of the contraband by police, samples were collected from the said contraband and were sent to the chemical examiner and the report whereof is available on the file. 5. The learned counsel for the petitioners has argued that the learned Trial Court had no jurisdiction to allow the investigation for collecting further samples from the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492