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Control of Narcotic Substances Act (XXV of 1997)-------S. 9(c)--Criminal Procedure Code (V of 1898), S.561-A---Government of Sindh Notification No.V(3)SOJ/98, dated 15-9-1999---Quashing of Order---De facto doctrine---Applicability---Additional Sessions Judge had exercised the jurisdiction bona fide under Notification No.V(3)SOJ/98, dated 15-9-1999 issued by the Government of Sindh and convicted and sentenced the accused---Government was competent to issue the said Notification, but a legal defect having been found therein the same had been declared illegal by the High Court---Additional Sessions Judge was not usurper or intruder, but he had discharged his function and duties under colour of lawful authority---Doctrine of de facto, thus, was applicable in the case---Had the decision been given after the declaration of the aforesaid Notification as illegal, the proceedings in the case would have been vitiated---Conviction having been awarded in the case by the Additional Sessions Judge before the said declaration, the proceedings and the conviction were saved on the doctrine of de facto---Petition was dismissed accordingly. Muhammad Rafique v. State (Criminal Transfer Application No.D-8 of 2004); Muhammad Ali v. Federation of Pakistan PLD 1998 SC 1445 and Malik Asad Ali v. Federation of Pakistan PLD 1998 SC 161 ref. Abdul Baqi Jan Kakar for Appellant. Muhammad Ismail Bhutto for the State. ORDER 1. Granted. RAHAMT HUSSAIN JAFFERI, J.---This order will dispose of application under section 561-A, Cr.P.C, filed by the appellant Abdul Karim Brohi, praying therein that the case may be remanded to the Court of Sessions Judge/Special Judge C.N.S., Court Shikarpur on the ground that the conviction awarded by the V-Additional Sessions Judge/Special Judge, C.N.S. Court, Shikarpur was illegal and corum non judice in view of the decision given by this Court in Criminal Transfer Application No.D-8 of 2004, Muhammad Rafique v. State decided on 30-3-2004. We have heard the Advocate for the appellant and State counsel. The police challaned the appellant for trial of offence punishable under section 9(c) of the Control of Narcotic Substances Act, 1997. The case was tried by…

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