Law: Control of Narcotics Substances Act, 1997

Section: 6/9(c),6/9(b)

Law: Control of Narcotics Substances Act, 1997

Section: 6/9(c),6/9(b)

Law: Exits From Pakistan (Control) Ordinance, 1981

Section: 2

Law: Criminal Procedure Code (V of 1898)

Section: 265K

Exit from Pakistan (Control) Ordinance (XLVI of 1981)-------S. 2---Constitution of Pakistan (1973), Arts.4, 9, 15 & 199---Constitution petition---Prayer for deletion of petitioner's name from Exit Control List---Placing petitioner's name in such list for his involvement in two criminal cases of drugs---Acquittal of petitioner by Trial Court in both cases through two separate orders-Non-filing of appeal by authority against one order of petitioner's acquittal--Pendency of petition for leave to appeal before Supreme Court against of High Court dismissing appeal filed by authority against second order of petitioner's acquittal---Validity---Every citizen had liberty to go abroad and enter Pakistan, unless he was precluded from doing so under some law made in public interest---After acquittal of petitioner in both cases, authority was not justified to keep his name on such List on ground of pendency of such petition before Supreme Court---Petitioner could not be deprived from his fundamental right to leave and enter Pakistan, unless otherwise debarred---High Court directed authority to remove petitioner's name from such List and allow him to travel abroad for any lawful purpose on valid travel documents. Abdul Qayyum Khan, v. Federal Government of Pakistan and others PLD 2009 Kar. 361 and Mirza Ashfaq Beg v. Federation of Pakistan and another 2005 MLD 1698 ref. Saleem Akhtar v. Federation of Pakistan and another PLD 1999 Kar. 177; Hashmat Ali Chawla v. Federation of Pakistan and others PLD 2003 Kar. 705; Khan Muhammad Mahar v. Federation of Pakistan PLD 2005 Kar. 252 and Kishwar Jabeen v. Federation of Pakistan others 2005 YLR 2438 rel. Amir Mansoob Qureshi for Petitioner. Ms. Cookie Rawat, Standing Counsel for Respondent No. 1. S. Ashfaq Hussain Rizvi for Respondent A.N.F. Date of hearing: 29th October, 2009. JUDGMENT IRFAN SAADAT KHAN, J.--- The petitioner has filed this petition inter alia seeking directions to the respondents to delete his name from the Exit Control List ("ECL") and to declare the Memorandum bearing No.12/216/2007-ECL dated August 25, 2007, issued by respondent No.1, placing his name in the ECL, to be mala fide, illegal, unlawful and without…

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