Law: Constitution of Pakistan, 1973

Section: 9,10

Law: Criminal Procedure Code (V of 1898)

Section: 61,62,167,173,344

(a) Criminal Procedure Code (V of 1898)    S. 61 Constitution of Pakistan (1973), Arts. 9 10, Safeguards as to arrest and detention Provisions of S.61, Cr.P.C. are in line with Arts. 9 10 of the Constitution.   (b) Criminal Procedure Code (V of 1898)    Ss. 61, 62, 167, 173 344   Duties and obligations cast upon police functionaries and Magistrates under Ss. 61, 62, 167, 173 344, Cr.P.C. highlighted of which they do not seem to have been mindful which makes the custody of the accused illegal     Shortcomings in this regard enumerated.   Muhammad Siddiq v. Province of Sindh PLD 1992 Kar. 358 ref.   (c) West Pakistan Arms Ordinance (XX of 1965)      S. 13 D Criminal Procedure  Code (V of 1898), Ss.61, 62, 167, 173 344 - Constitution of Pakistan (1973), Arts. 9, 10 199 Constitutional petition No report in terms of S. 173, Cr. P.C. and no challan, interim or final,, having been submitted by the police in Court, continued custody of the accused had become unlawful and S.344, Cr.P.C. in such circumstances could not come into play -Mandates in Arts. 9 10 of the Constitution of Pakistan (1973) and Ss 61, 62 167, Cr.P.C. had been disregarded and the accused had been denied his valuable legal rights -Accused was ordered to be set free in circumstances, allowing the Constitutional petition.   Muhammad Siddiq v. Province of Sindh PLD 1992 Kar. 358; Mooso v The State 1996 PCr.U 361; Darshan Singh v. The State PLD 1957 Kar. 210 and State v. Samiulllah khan PLD 1959 Kar. 157 ref.   (d) Criminal Procedure Code (V of 1898)      Ss. 173 344 Suppression of Terrorist Activities (Special Courts) Act (XV of 1975), Ss 6 10 Applicability of Criminal Procedure Code. 1898 to Suppression of Terrorist Activities (Special Courts) Act, 1975 Provisions of the Code of Criminal Procedure which ex facie are not in conflict or otherwise inconsistent with the Special Law, if otherwise invocable or applicable, may yet be resorted to     At the same time, whoever, where the Special Law prescribes its own procedure the same is to be preferred to anything similarly provided in Criminal Procedure…

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