Law: Control of Narcotics Substances Act, 1997

Section: 6,9(c),29

Law: Criminal Procedure Code (V of 1898)

Section: 103,537,561-A

Law: Constitution of Pakistan, 1973

Section: 199

Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 6, 9(c) & 29---Anti-Narcotics Force Act (III of 1997), Ss.3 & 5---Criminal Procedure Code (V of 1898), Ss.103, 537 & 561-A---Constitution of Pakistan, Art.199---Quashment of proceedings---Constitutional jurisdiction and powers of High Court under S. 561-A, Cr.P.C.---Scope---Possession of narcotic drugs etc.---Accused challenged proceedings against them through constitutional petition contending that in the presence of Anti-Narcotic Force, local Police had no authority to register the F.I.R. and investigate the case---Validity---Accused having been allegedly involved in a case registered under Ss.6 & 9(c) of the Control of Narcotic Substances Act, 1997 which provided maximum penalty of death or imprisonment of life, innocence or guilt of the accused could not be determined without conclusion of the trial---Under S.29 of the Control of Narcotic Substances Act, 1997, accused was presumed to have committed the alleged offence until the contrary was proved---Section 103, Cr.P.C. made the presence of two or more respectable inhabitants of the locality mandatory at the time of search made by an officer---Application of S.103, Cr. P. C. was purposely excluded. by the legislature from searches under Control of Narcotic Substances Act, 1997 in order to avoid formalities/complications of S.103, Cr. P. C.---Exclusion of role of local Police from investigating narcotic case would negate the provisions of S.21 of the Control of Narcotic Substances Act, 1997---High Court had ample powers under Art.199 of the Constitution and S.561-A, Cr.P. C. to quash the proceedings which were ex facie illegal or where the court had arrived at a positive conclusion that the proceedings were ex facie coram non judice---High Court could exercise jurisdiction in exceptional cases without waiting for the Trial Court to pass orders under S.249-A or 265-K, Cr.P.C.---Where no offence was made out by facts on record, allowing prosecution to proceed with the trial would amount to abuse of the process of law---Assumption of jurisdiction without lawful authority could be quashed in constitutional jurisdiction---Section 537,…

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