Law:

Section:

(a) North-West Frontier Province Corps Law, 1941, S. 8--­Trial of offence held at Peshawar-Judgment pronounced at Jamrud in "special area"-Case whether not amenable to writ juris­diction of High Court-Constitution of Pakistan (1956), Art. 178­[Dosso's case P L D 1958 S C (Pak.) 533 inapplicable]. All the proceedings of a case under section 8 (a) and section 8 (b), North-West Frontier Province Corps Law, 1941, were held by the Political Agent exercising powers of a Court of Sesion, at Peshawar ; only for the pronouncement of the the Political Agent took the case to the Jamrud Fort, in a "special area" Held, that the case did not fall within the observations made in the precedent Dosso case P L D 1958 S C (Pak.) 533 in which "the trial and all proceedings up to the conviction were held in a `special area' over which the High Court had np jurisdiption," In the present case it was admitted that all the proceedings of the case were held in Peshawar, and it was only for the pronouncement of the that the Political Agent took the case to Jamrud Fort. The case was, therefore, amenable to writ jurisdiction of the High Court. (b) Misdescription-Designation of officer trying offence­ "Political Agent and District Magistrate" ("P. A. and D. M.")described as such throughout record but merely as "D. M." on charge sheet-Offence triable only as "P. A." (who exercisedpowers of Court of Session)-Misdescription of no effect on legality of trial-Maxim : Falsa demonstratio non nocet [a false description does not vitiate (a document)]. JUDGMENT CORNELIUS, J.-This is an appeal by Piao. Gul against the dismissal of a petition for a writ of habeas corpus which he had instituted before the High Court of West Pakistan, calling in question his detention in the Central Jail of Dera Ismail Khan, under a warrant issued by the Political Agent of the Khyber Agency, consequent upon his conviction by the same person; of offences under sections 8(a) and 8(d) of the North-West Frontier Province Corps Law, 1941. The petition was dismissed by the High Court on the ground that the' judgment of conviction of Piao Gul was announced at Jarrirud Fort in a "special area" where the writ of the High Court…

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