Law: Criminal Procedure Code (V of 1898)

Section: 401,382-B

Law: Constitution of Pakistan, 1973

Section: 199

Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

(a) Locus poenitentiae, principle of--- ----Authority competent to grant a concession or to confer a benefit on a party or on an individual, could not rescind or retrace by withdrawing it at a stage when it had reached to a logical conclusion and the order had been acted upon whereby irreversible vested right had accrued to the beneficiary of the order---What was important to be determined was the legal sanction of law investing the Authority with powers to grant concession or confer benefit/benefits on a party or an individual. Muhammad Arif v. Superintendent Central Jail, Lahore and 2 others PLD 2006 Lah. 561 ref (b) Criminal Procedure Code (V of 1898)--- ----Ss. 401 & 382-B---Remission in sentence---Entitlement---All orders/notifications issued by the President/Government granting remissions in sentences to prisoners, had clearly stated that the remissions would be allowed to the prisoners undergoing sentences of different kinds---Under trial prisoners under the Jail Manual were a privileged class apart, from the legal analogy that they, under no circumstances could be treated convict prisoners---As the remissions were granted and remained confined only to the cases of those prisoners who were already undergoing sentences of imprisonment awarded to them by the competent court of law, stretching its scope beyond the clearly laid down parameters by extending that benefit to under-trial prisoners, would be in violations of the very orders/proclamations and notifications issued by the President or the Government in that regard at different occasions. (c) Criminal Procedure Code (V of 1898)--- ----Ss. 401 & 382-B---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Remission in sentence---Recalling of concession---Counting of detention period---Legislature had extended the benefit of counting the detention period towards the sentences of the prisoners, when awarded by the court and had granted relief on the principles of equity and justice so that the period of detention undergone by the under-trial prisoners would not go awaste, but they must be compensated for that---Such…

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