Law: Control of Narcotics Substances Act, 1997

Section: 25,9(c),21,76,50

Law: Criminal Procedure Code (V of 1898)

Section: 103

Law: Police Rules, 1934

Section: 24,5(1)

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 25---Criminal Procedure Code (V of 1898), S.103---Mode of making search---Scope---Provisions of S. 103, Cr.P.C. have not been totally excluded from Control of Narcotic Substances Act, 1997---Only an exception has been provided in S. 25 of Control of Narcotic Substances Act, 1997 and does not exclude S.103, Cr.P.C. in all circumstances. Niaz Muhammad v. State PLD 1983 SC (AJK) 211; Zardar v. The State 1991 SCMR 458; State v. Muhammad Amin 1999 SCMR 1367; Muhammad Aslam v. The State 2011 SCMR 820 and Haroon Rasheed v. The State 2020 PCr.LJ Note 172 rel. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c), 21, 25 , 76---Pakistan Coast Guards Act (XVIII of 1973), Ss. 2 (i), 14 (2) , First Sched.----Notification S.R.O. No. 787(I)/2004, dated 16-09-2004---Criminal Procedure Code (V of 1898), S.103---Narcotic substance, recovery of---Appreciation of evidence---Recovery proceedings---Pakistan Coast Guards, jurisdiction to investigate---Witnesses from public, non-associating of---Charas weighing 100 kilograms was recovered by Pakistan Coast Guards from the vehicle which was being driven by accused---Trial Court on the basis of investigation conducted by Pakistan Coat Guards convicted and sentenced the accused for imprisonment for life---Validity---Complainant did to give any explanation that why he did not request any official of Highway patrol to become witness to search and arrest of accused---Prosecution for protection of S.25 of Control of Narcotic Substances Act, 1997, was to give justified reasons, otherwise non-compliance of S.103, Cr.P.C. was fatal---Failure of prosecution to gather otherwise available independent witnesses created serious doubts in their case against accused---Inquiry was faulty and there was lack of corroborative evidence to connect accused with Charas allegedly recovered from truck---In presence of non-obstante clause in S.76 of Control of Narcotic Substances Act, 1997, anything done or purportedly to have been done by Pakistan Coast Guards in the name of powers already available to them under Pakistan Coast Guards Act, 1973, while performing functions under…

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