Law: Criminal Procedure Code (V of 1898)

Section: 526

Law: Control of Narcotics Substances Act, 1997

Section: 49,50

Criminal Procedure Code (V of 1898)--- ----S.526---Control of Narcotic Substances Act (XXV of 1997), Ss.49 & 50---Transfer of proceedings---Harsh and derogatory attitude of Presiding officer---Complainant sought transfer of case on the plea that attitude of Presiding Officer towards complainant and prosecution witnesses while conducting trial was harsh and derogatory---Validity---Provisions of Control of Narcotic Substances Act, 1997, did not fetter jurisdiction or power of High Court to transfer cases from one Special Court to the other except to the extent that such power was to be exercised in accordance with S.526(d)(e), Cr.P.C. to meet the ends of justice---High Court, pursuant to provisions of S.50 of Control of Narcotic Substances Act, 1997, read with S.526(1)(e) and (3), Cr.P.C. transferred the case to other Special Court---Application was allowed in circumstances. Abdur Razzaq Aaamir v. Federal Government of Islamic Republic of Pakistan PLD 2011 FSC 1 ref. Riaz-ud-Din v. The State 2001 MLD 1771 and John Bernard Sender v. State PLD 2004 Kar. 136 rel. THIS ORDER PASSED BY: AHMED ALI M. SHAIKH, JUSTICE:---.--- Through this Criminal Transfer Application, applicant seeks transfer of Special Case No.197 of 2011 from the Court of Special Judge, CNS-I, Karachi to any other CNS Court. 2. Brief facts giving rise to the instant application are that upon recovery of 226 Kgs cocaine, F.I.R. No.PCU/Misc/15/2010-HQ under sections 6, 7, and 8 of the Control of Narcotic Substances Act, 1997 was registered against the respondents at Police Station Customs Karachi. During trial, the respondents filed application under section 265-K Cr.P.C. and section 37 of the CNS Act, 1997 and the trial Court directed the mushir of recovery namely I.O. Sardar Abdul Qayyum to appear and give evidence. According to the contents of the application, the learned trial Judge, during the course of hearing, has already made up his mind and observed in open Court that the prosecution has made a false case against the respondents. It is further alleged in the application that on the one hand the trial Court ignored the stubborn attitude of the Defence Counsel and on the other hand threatened…

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