Law: Control of Narcotics Substances Act, 1997

Section: 20,25,9(c)

Law: Constitution of Pakistan, 1973

Section: 14,185(3)

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 20---Search warrants, requirement of---Scope---Provisions of S.20 of Control of Narcotic Substances Act, 1997 does not place obligation upon Investigating Agency to obtain search warrants from the Special Judge before conducting a raid. (b) Control of Narcotic Substances Act (XXV of 1997)--- ---S.20---Constitution of Pakistan (1973), Art. 14---Raid without search warrant---Recovery of huge quantity of narcotics---Violation of Fundamental Rights--- Validity---Fundamental Rights enshrined in Art. 14 of the Constitution of Pakistan was inalienable rights and the same could not be denied to any citizen--Due care was taken by the raiding party in the present case as the party was not only headed by high officials of Police Department but they were also accompanied by Duty Magistrate--Police party had not committed violation of Fundamental Rights of the accused conferred upon him by Art. 14 of the Constitution in circumstances. (c) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 20---Non-compliance of provisions of S.20 of Control of Narcotic Substances Act, 1997---Effect---Provisions of S.20 of Control of Narcotic Substances Act, 1997, were directory in nature, therefore, its non­compliance could not be considered a strong ground for holding that the trial of the accused was bad in the eye of law. (d) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 25---Criminal Procedure Code (V of 1898), 5.103---Recovery of narcotics---Failure to comply with the provisions of S.103, Cr.P.C.--­Effect---Application of. S.103, Cr.P.C. has been excluded under the provisions of S.25 of Control of Narcotic Substances Act, 1997. State v. Bashir and others PLD 1997 SC 408 distinguished. (e) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Constitution of Pakistan (1973), Art. 185(3)---Recovery of 26 kilograms of Charas---Raid by C.I.A. Authorities---Contention of accused was that place of recovery was not under the exclusive control of the accused and C.I.A. Authorities had no jurisdiction to conduct raid in his house for the purpose of recovery of narcotics---Validity---Recovery of…

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