| Citation(s) |
|---|
| 1981 SLG 1270 1981 SLD 1270 1981 PLD 352 |
Supreme Court of Pakistan
KARAM ELAHEE CHAUHAN AND MUHAMMAD AFZAL ZULLAH, JJ
Sardar Attaullah, Advocate Sunreme Court, Munir Ahmad Bhatti, Advocate Supreme Court and Mahmood A. Qureshi, Advocate-on-Record. Nemo for the State.
KARAM ELAHEE CHAUHAN AND MUHAMMAD AFZAL ZULLAH, JJ
Sardar Attaullah, Advocate Sunreme Court, Munir Ahmad Bhatti, Advocate Supreme Court and Mahmood A. Qureshi, Advocate-on-Record. Nemo for the State.
ABDUL HAFEEZ
VS
THE STATE
Law:
Section:
(a) Drugs Act (XXXI of 1976)- -- S. 27 read with S. 31 and Criminal Procedure Code (V of 1898), Ss. 435 & 439-Revisional jurisdiction of High Court-Word "inferior" in S. 435, Criminal Procedure Code, 1898-Means judicially inferior Court whose orders subjected to appeal to another independent and separate Court, held, inferior to appellate Court.-[Words and phrases]. Nobin Kristo Mookerjee v. Russick Lall Laha I L R 10 Cal. 268 ref. (b) Drugs Act (XXXI of 1976-. Ss. 27 & 31 and Criminal Procedure Code (V of 1898), Ss. 295, 435 & 439-Word "subordinate" and "inferior"-Revisional jurisdiction of High Court - Word "inferior" substituted in ' S. 435 for word "subordinate" appearing in S. 295 in order to keep hands of High Court quite free in dealing with a case in its ultimate stage of revision etc.-Drugs Court having been made subject to appellate jurisdiction of High Court, and, in such sense, inferior to High Court, High Court, held, could exercise revisional jurisdiction against orders of Drugs Court-Having made Drugs Court judicially inferior to High Court, no necessity held further, existed for duplicating matter over again by expressly providing for a revisional jurisdiction of High Court.[Words and phrases-Revision (criminal)]. (c) Criminal Procedure Code (V of 1898)- -- S. 6 read with Constitution of Pakistan (1973), Art. 175-Criminal Courts-Classes of Criminal Courts as given in S. 6, Criminal Procedure Code, i 898-Not exhaustive-Section 6 itself contemplates constitution of such other Courts as may be constituted under any law other than Criminal Procedure Code, 1898, and Constitution also envisages Constitution of other- Courts by law.-[Interpretation of statutes]. Abdoola Haroon & Co. v. Corporation of Calcutta A I R 1950 Cal. 36: Ram Gopal Goenka v. Corporation of Calcutta A I R 1925 Cal. 1251; Naga v. King-Emperor A I R 1924 Rang. 23; Kamlapati Panth and others v. Emperor A I R 1926 All. 27; Dhirjoo v. Kamna and another A I R 1950 Hima. Pra. 40 and Mirza Gulzar Beg v. The Station House Officer, Railway Police and others P L D 1977- Lah. 435 ref. (d) Drugs Act (XXXI of 1976)- Link 1 -- Ss. 2 & 39 read with Criminal Procedure Code…
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