Law:

Section:

(a) Control of Narcotic Substances Act (XXV of 1997)---S. 26---Penal Code (XLV of 1860), S. 194---Criminal Procedure Code (V of 1898), Ss. 476, 195 & 497---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted by the Supreme Court to consider the contentions that since High Court, without affording opportunity of hearing to petitioners, ought not to have directed registration of case against them under section 194, P.P.C. read with section 26 of the Control of Narcotic Substances Act, 1997, the impugned , was in violation of principles of natural justice and thus deserved to be set aside; that allegation of fabricating evidence could only be proved against the petitioners after trial of the accused persons, who were involved in the case and cognizance of such offence could only be taken on the complaint of the Court before whom fabricated evidence had been produced, in terms of section 476 read with section 195, Cr.P.C. and that petitioners had not conducted investigation because they were witnesses in the recovery of the `Charas', as such, prima facie, they were not involved in the offences under section 194, P.P.C. read with section 26 of the Control of Narcotic Substances Act, 1997. Manzoor v. The State PLD 1972 SC 81 ref. (b) Penal Code (XLV of 1860)--- ----S. 194---Criminal Procedure Code (V of 1898), Ss.195(b), 476 & 497---Control of Narcotic Substances Act (XXV of 1997), S.26-¬Offence under S.194, P.P.C. regarding giving or fabricating false evidence with intent to procure conviction could only be established after conducting trial of the accused persons---High Court, prima facie, had no jurisdiction to take cognizance, directly, of the offence allegedly committed under S. 194, P.P.C. by the accused in view of the provisions of S.476 read with S.195, Cr.P.C. because according to the provisions of latter law, cognizance of a complaint covering the violation of S.194, P.P.C. could only be taken on the complaint in writing of the Court before whom such fabricated evidence was produced for the purpose of procuring sentence---High Court, in the, present case, was seized of the matter pertaining to the bail of one of the accused…

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