Law: Criminal Procedure Code (V of 1898)

Section: 22-A,22-B

Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Constitution of Pakistan, 1973

Section: 199

Criminal Procedure Code (V of 1898)--- ----Ss. 22-A 22-B---Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Constitution of Pakistan, Art. 199 ---Constitutional petition---Ex-Officio Justice of Peace, powers of---Direction to investigating officers were accused facing proceedings under S. 9(c) of Control of Narcotic Substances Act, 1997s were aggrieved of order passed by Ex-Officio Justice of Peace declining to issue direction to investigating officer for arraying respondent as accused and recording statement under S. 164, Cr.P.C.---Validity--- Powers conferred on Ex-Officio Justice of Peace were not judicial, rather were ministerial--- While dealing with applications under S. 22-A(6), Cr.P.C. Ex-Officio Justice of Peace could issue directions to concerned police officials for observance of all legal requisite formalities but he could not step into the shoes of investigating agency, which was independent in all respects, such matter related to investigating agency and not with Ex-Officio Justice of Peace---High Court declined to interfere in /order passed by Ex-Officio Justice of Peace as the same was well reasoned and based on proper appreciation of facts and circumstances of the case---Constitutional petition was dismissed in circumstances. Khizer Hayat and others v. Inspector-General of Police (Punjab), Lahore and others PLD 2005 Lah. 470 rel. ORDER SAHIBZADA ASADULLAH, J.--- Through instant constitutional petition filed under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the petitioners have prayed that, By issuance of an appropriate writ and by setting aside impugned order and judgment dated 15.3.2018, the respondents Nos.1 to 5 may please be directed to include the respondent No.6 as accused in the FIR No.248 dated 05.6.2016 of Police Station, Dera Town, D.I. Khan; and I.Q. may further be directed to produce respondent No.6 before the Judicial Magistrate, D.I. Khan, to record his confessional statement. Any further relief, which this Honourable Court, in the given circumstances, may deem appropriate in the interest of justice, may also be granted to the petitioners. 2. Brief facts of the case are that the local police…

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