| Citation(s) |
|---|
| 2025 SLG 1232 2025 SLD 1232 = 2025 PLJ 207 |
Lahore High Court, Multan Bench, Multan
Crl. A. No. 549 of 2023, heard on 13.2.2024. Date of hearing: 13.2.2024.
AUTHOR(S): CH. ABDUL AZIZ AND ANWAARUL HAQ PANNUN, JJ
Ch. Umar Hayat, Advocate assisted by M/s. Amer Manzoor, Muhammad Waqas Anjum and Syed Naeem Ali, Advocates for Appellant. Mr. M. Abdul Wadood, Addl. Prosecutor General and Malik Riaz Ahmad Saghla, Deputy Prosecutor General for State.
Crl. A. No. 549 of 2023, heard on 13.2.2024. Date of hearing: 13.2.2024.
AUTHOR(S): CH. ABDUL AZIZ AND ANWAARUL HAQ PANNUN, JJ
Ch. Umar Hayat, Advocate assisted by M/s. Amer Manzoor, Muhammad Waqas Anjum and Syed Naeem Ali, Advocates for Appellant. Mr. M. Abdul Wadood, Addl. Prosecutor General and Malik Riaz Ahmad Saghla, Deputy Prosecutor General for State.
NAYYAR ABBAS--APPELLANT
VS
STATE ETC.--RESPONDENTS
Law: Control of Narcotic Substances Act, 1997
Section: 9(c)
Control of Narcotic Substances Act, 1997 (XXV of 1997)------S. 9(c)--Criminal Procedure Code, (V of 1898), Ss. 51, 52, 54, 103, 153, 165, 166, 170 & 550)--Constitution of Pakistan, Art. 10-A--Police Rules, 1934, Rr. 22.16, 22.18, 22.70, 27.11, 27.12--Qanun-e-Shahadat Order, (10 of 1984)--Lahore High Court Rules and Orders (Civil and Criminal), Pt.-B of Chap.-24 of Vol.-III--Control of Narcotic Substances (Government Analysis), Rules 2001--Police Act, (V of 1861) S. 25--Recovery memo--Recovery witness--Sample--Acquittal of--Section 103, Cr.P.C is not strict senso applicable where accused in pursuance of making of his disclosure, during investigation leads to some recovery--The recovery memo must contain all relevant particulars of things seized or taken into possession to establish its identity beyond any doubt--While taking into consideration relevant provisions of law, i.e. Code of Criminal Procedure, 1898--Powers to police to seize property suspected to stolen; and with regard to unclaimed property and (g) under provision of local and special laws--If articles are made up into a parcel, parcel shall be secured with sealing wax, bearing seal impression of responsible officer, and shall similarly be marked or labeled--Such articles or parcels shall be placed in safe custody, pending disposal as provided by law or rule--Motor vehicles detained or seized by police in connection with cases or accidents shall be produced before a Magistrate after rapid investigation or by means of in-complete challan--The evidence relating to identity or condition of vehicle should be led and disposed of at an early date--In Chapter-XXV, Rule 25.23 (1) (a), (b) and (c) of Police Rules, 1934, a synopsis of a model form for preparing a memo of recovery or things to be seized under section 103 of Cr.P.C has been prescribed--Although under provision of section 25 of CNSA, except section 103 Cr.P.C, rest of provisions of Code of Criminal Procedure, have been made applicable mutatis mutandis, to all searches and arrests--The provision of Section 20, 21, 22 & 23 of Act and no bar has been placed against following police rules--Regulating investigation i.e. process of collection of…