| Citation(s) |
|---|
| 2002 SLG 3146 2002 SLD 3146 2002 PLD 157 |
Lahore High Court
Writ Petition No. 21861 of 2001, Dated: 13rd December, 2001, Malik Saeed Hassan for Petitioner.
FALAK SHER, CHIEF, JUSTICE AND IJAZ AHMAD CHAUDHARY, JUSTICE
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Writ Petition No. 21861 of 2001, Dated: 13rd December, 2001, Malik Saeed Hassan for Petitioner.
FALAK SHER, CHIEF, JUSTICE AND IJAZ AHMAD CHAUDHARY, JUSTICE
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PERVAIZ AKHTAR
VS
STATION HOUSE OFFICER, POLICE STATION GOWALMANDI, LAHORE AND 3 others
Law:
Section:
Control of Narcotic Substances Act (XXV of 1997)---.--- ---.----S. 9---.---Criminal. Procedure Code (V of 1898), Ss.54 & 156(2)--¬Constitution of Pakistan (1973), Art 199---.---Constitutional petition---.---Quashing of F.I.R.---.---Police on receipt of a credible information had apprehended the accused while in possession of a huge quantity of "Charas" weighing 19000 Kgs.---.---No mala fides had been alleged against the police for false involvement of accused in the offence---.---Technicalities could not stand in the way of finalization of the investigation or the disposal of cases---.---High Court, under its Constitutional jurisdiction, could pass the order to help the administration of justice and not in aid of injustice---.---Police Officer was duty ¬bound under S.54, Cr.P.C. to arrest the accused without any warrant of arrest on a credible information against him for the commission of the cognizable offence who had been rightly arrested---.---Police Officer of C.I.A. Staff could not register the case which could only be registered at a police station having the jurisdiction where the offence had been committed---Proceedings taken by the police officer of C.I.A. Staff could not be challenged as per S.156(2), Cr.P.C. at any stage on the ground that he was not empowered to investigate---.---Technicalities could not stand in the way of finalisation of investigation or disposal of cases ---.---F.I.R. could not be quashed and the investigation stayed on such score alone when, no prejudice was shown to have been caused to the accused resulting in miscarriage of justice---.---Constitutional petition was dismissed accordingly. THIS ORDER PASSED BY: FALAK SHER, CHIEF JUSTICE:---.---- Through this petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1971, the petitioner seeks stay of the investigation in case F.I.R. No.256 of 2001 registered on 30-9-2001 at Police Station Gowalmandi, on the statement of Zaheer Ahmad, S.I. wherein it has been reported that hie received an information that one International Smuggler of Heroin Muhammad Asif son of Pervaiz Akhtar petitioner has brought huge quantity of narcotics from Dara Adam Khel and…
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