Law: Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2006

Section: 19(6), 27, 23, 30

 Summary

The High Court held that the Drug Court acted without lawful jurisdiction in summoning the petitioners on the basis of an application filed by the Assistant District Public Prosecutor (ADPP), where no statutory complaint had been instituted by a Federal or Provincial Drugs Inspector under Section 30 of the Drugs Act, 1976, nor had the District Quality Control Board referred the matter for prosecution after having already concluded proceedings by issuing a warning. The impugned summoning order was declared void ab initio, being in violation of the mandatory statutory framework, principles of natural justice, and Articles 4 and 10-A of the Constitution.

Tag Line 

Drugs Act, 1976 — Prosecution without statutory complaint — Jurisdiction of Drug Court — ADPP lacks authority — Summoning order without notice — Violation of Articles 4 & 10-A — Order void ab initio

ORDER;