| Citation(s) |
|---|
| 1980 SLG 3139 = 1980 SLD 3139 = 1980 PCRLJ 738 |
Lahore High Court
Criminal Miscellaneous No. 139/Q of 1977.. decided on 20th. January 1980.
Presented By: Muhammad Zafarullah, J
State v. Bhawani Dos Lila Ram etc. Case No. 11 of 1976 ref. Munir Ahmad Bhatti for Petitioner. Nemat Khan for the State.
Criminal Miscellaneous No. 139/Q of 1977.. decided on 20th. January 1980.
Presented By: Muhammad Zafarullah, J
State v. Bhawani Dos Lila Ram etc. Case No. 11 of 1976 ref. Munir Ahmad Bhatti for Petitioner. Nemat Khan for the State.
MUHAMMAD SIDDIQ CHEEMA-Petitioner
VERSUS
THE STATE-Respondent
Law: Drugs Act, 1976
Section: 30
Law: Criminal Procedure Code, 1898
Section: 561-A
Drugs Act (XXXI of 1976) S. 30 read with Drugs Act (XXIII of 1940)-Jurisdiction--Alleged offence committed prior to enforcement of Drugs Act, 1976-Drugs Court, held, had no jurisdiction to take cognizance of such offence---Offence committed under Drugs Act, 1940-Provision of new law not permitting Drugs Court to take cognizance of offence com mitted under. Act 1940 proceedings, held, illegal-Prosecution could take steps to refer case to , a Court of competent jurisdiction -Criminal Procedure Code (V of 1898), S. 561-A:-[Jurisdiction]. Date of hearing : 20th January, 1980. JUDGMENT This judgment will dispose of 1. Crl. Misc. 139/Q of 1977, Muhammad Siddique Cheema The State 2. Crl. Misc. 14 L,1Q of-1977, Farooq Sadiq v, The State 3. Crl. Misc. 152/Q of 1977, Mohammad Saleem v. The State 4. Crl. Misc. 212/Q of 1977, Muhammad Aslam Butt v. The State 5. Crl. Misc. 213/Q of 1977, Khalid Rahman v. The State and 6. Crl. Misc. 430/Q of 1977, Muhammad Akram v. The State Common questions of law and facts re involved in all these cases and have therefore been heard together and disposed of by single order. 2. The learned counsel for the petitioner has pressed his petition on a single question namely that of jurisdiction of the Drug Court established under the Drugs Act, 1976. He has stated that the Drug Court having been established under the Drug Ordinance and subsequently Drugs Act of 1976 they are not competent to try any…