| Citation(s) |
|---|
| 2026 SLG 4554 = 2026 SLD 4554 = 2026 PLJ 649 |
Islamabad High Court
Crl. Misc. No. 2130 of 2025
Presented By: Khadim Hussain Soomro and Muhammad Asif JUDGES
Mr. Nabeel Tahir Mirza, Advocate for Petitioner. Ms. Asma, learned SPP alongwith Burhan, Sub Inspector. Date of hearing: 15.1.2026.
Crl. Misc. No. 2130 of 2025
Presented By: Khadim Hussain Soomro and Muhammad Asif JUDGES
Mr. Nabeel Tahir Mirza, Advocate for Petitioner. Ms. Asma, learned SPP alongwith Burhan, Sub Inspector. Date of hearing: 15.1.2026.
KAMRAN HUSSAIN--Petitioner
VERSUS
STATE--Respondent
Law: Code of Criminal Procedure, 1898
Section: 497, 173(1)
Law: Control of Narcotic Substances Act, 1997
Section: 9(1)
Law: Pakistan Penal Code (PPC),1860
Section: 324, 353, 225, 186
Law: Constitution of Pakistan, 1973
Section: 10-A
Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Control of Narcotic Substances, 1997 (XXV of 1997), S. 9(1)--Pakistan Penal Code, 1860 (XLV of 1860), Ss. 324, 353, 225 & 186--Bail--Recovery of narcotics--It is also settled law that offences relating to narcotics are not only crimes against an individual but are offences against society at large--The menace of narcotics has devastating consequences, particularly for youth, and poses a serious threat to public health, social order, and national security--The legislature, therefore, has treated such offences with greater severity, and Courts are required to exercise caution when extending bail in cases involving commercial quantities of narcotics--Apart from severity of offences, petitioner still has a right of fair and expeditious trial--Bail dismissed. [P. 654] A Criminal Procedure Code, 1898 (V of 1898)-- ----S. 173(1)--Submission of report u/S. 173, Cr.P.C.--Delay of--Statutory mandatory-- It is by now a settled principle of criminal jurisprudence that investigation report u/S. 173 of Code of Criminal Procedure, 1898, is not a mere administrative formality, but very foundation upon which edifice of a criminal trial is constructed--The statutory mandate contained in Section 173(1), Cr.P.C. requires investigating agency to complete Investigation and submit report to Court through Public Prosecutor within prescribed period--The language of provision is clear, categorical, and leaves no room for ambiguity: report’s destination is Court of competent jurisdiction, not merely office of Public Prosecutor--Any interpretation that treats submission to Public Prosecutor as sufficient compliance would defeat both letter and spirit of Lion law. [P. 655] B Constitution of Pakistan, 1973-- ----Art. 10-A--Right of fair trial--Delay in investigation challan--The criminal justice system rests upon…