| Citation(s) |
|---|
| 2012 SLG 1504 2012 SLD 1504 2012 SCMR 870 |
Supreme Court of Pakistan
C.M.A. No.1362 of 2012 and Civil Petition No.357 of 2012, decision dated: 10-04-2012
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., KHILJI ARIF HUSSAIN AND TARIQ PARVEZ, JJ
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C.M.A. No.1362 of 2012 and Civil Petition No.357 of 2012, decision dated: 10-04-2012
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., KHILJI ARIF HUSSAIN AND TARIQ PARVEZ, JJ
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REGIONAL DIRECTOR, ANTINARCOTICS FORCE
VS
RIZWAN AHMED KHAN and others
Law:
Section:
Control of Narcotic Substances Act (XXV of 1997)-------Ss. 6, 9(c), 14 & 15---Constitution of Pakistan, Art. 185(3)---Possession of narcotic, aiding, abetment or association in narcotic offences---Allegations were that Ministry of Health had favoured two companies by extending/granting to them quotas of Ephedrine against the Rules and inquiry into such allegation was being obstructed and hampered---Supreme Court observed that commission of the crime, as disclosed in the F.I.R., was of a serious nature, notwithstanding whosoever was involved and what was his status, and concerned authorities should have allowed a transparent inquiry and investigation instead of causing obstructions and hampering the same for one reason or the other---Supreme Court directed that transfer/posting of Director-General, Regional Director and Deputy Director of Anti-Narcotics Force, in colourable exercise of powers, was not free from extraneous consideration, therefore, Regional Director and Deputy Director of Anti-Narcotics Force were not to relinquish the charge and they should continue with the investigation of the case without being influenced in any manner from any one---Order accordingly. Muhammad Akram Sheikh, Senior Advocate Supreme Court, Brig. Fahim Ahmed Khan, Force Commander and Abid Zulfiqar, Dy. Director/IO, ANF for Petitioner. Nemo for Respondents. Date of hearing: 10th April, 2012. ORDER This application (C.M.A. No.1362 of 2012) has been moved by Mr. Muhammad Akram Sheikh, learned Senior Advocate Supreme Court, on behalf of ANF, in a case, which is already pending before this Court bearing Civil Petition No.357 of 2012: The case relates to F.I.R. No.40 of 2011, dated 10-10-2011, under sections 9(c), 14, 15 and 16 of Control of Narcotic Substances Act, 1997 registered with Police Station ANF, District Rawalpindi. 2. The facts as mentioned in the F.I.R. as well as noted in the memo of Civil Petition for Leave to Appeal, are reproduced hereinbelow: "Today on 10-10-2011, I assistant director enforcement section ANF RD was present at Rawalpindi, Assistant Atif Hayat brought a letter No.9-9/10 police/I dated 19-9-2011 in reference of letter No.13(302)ANF/LAH/2011 dated…
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