| Citation(s) |
|---|
| 2003 SLG 3950 2003 SLD 3950 2003 PLD 916 |
Supreme Court of Pakistan
Criminal Petition for Leave to Appeal No. 26-K of 2003, Dated: 30th May, 2003. Date of hearing; 30th May, 2003.
SYED DEEDAR HUSSAIN SHAH, JUSTICE AND TANVIR AHMED KHAN, JUSTICE
Nasir Saeed Shiekh, Standing Counsel and Miss Wijahat Niaz, Advocate-on-Record (absent) for Petitioner. Nemo for
Respondent.
Criminal Petition for Leave to Appeal No. 26-K of 2003, Dated: 30th May, 2003. Date of hearing; 30th May, 2003.
SYED DEEDAR HUSSAIN SHAH, JUSTICE AND TANVIR AHMED KHAN, JUSTICE
Nasir Saeed Shiekh, Standing Counsel and Miss Wijahat Niaz, Advocate-on-Record (absent) for Petitioner. Nemo for
Respondent.
THE STATE/ANTINARCOTICS FORCE, REGIONAL DIRECTORATE, SINDH THROUGH DEPUTY DIRECTOR (LAW), CLIFTON, KARACHI
VS
SHAKEEL AHMED SIDDIQUI
Law:
Section:
Criminal Procedure Code (V of 1898)---.--- ---.----S. 428---.---Control of Narcotic Substances Act (XXV of 1997), S.9(c)--¬Constitution of Pakistan (1973); Art.185(3)---.---Plea raised by the accused before the High Court was that he was not aware that cartons which were kept in the room of his house by his friend in good faith contained Charas, but when he came to know that the said canons contained Charas he immediately informed the concerned officers including the then Regional Director-General of Anti-Narcotics Force---.---Accused filed application under S.428, Cr.P.C. before the High Court with the prayer that he be allowed to examine the then Regional Director-General, as witness in his defence mainly on the ground that since the registration of the case his stand had been that the case had been falsely foisted upon him and that the co-accused (his friend) induced him to allow him to keep/dump cartons in a room of his house, which actually contained Charas---.---High Court allowed the application of the accused---.---Validity---.---Person, who was to be examined on oath, was a responsible Government Officer and his evidence would be considered by the Court after due scrutiny as required under the law---.---Mere acceptance of the application under S.428, Cr.P.C. by the High Court, in its judicial discretion, was not against the law and principles of criminal jurisprudence--¬High Court having considered the entire material in its proper perspective, the impugned order did not call for interference. THIS JUDGMENT DELIVERED BY: SYED DEEDAR HUSSAIN SHAH, JUSTICE:---,--- Leave to appeal is sought against the order of the High Court of Sindh, at Karachi, dated 27-3-2003, passed in Miscellaneous Application No.908 of 2003 in criminal Appeal No.261 of 2002. 2. Briefly stated the facts of the case are that on 24-4-1999 complainant Mehmood Baig, Assistant Director, Anti-Narcotics Force-II, alongwith Khaliluddin, S.-I. and Ghulam Murtaza, A.S.-I, was present at Sohrab Goth, when he received spy information that 'in the house of petitioner Shakeel Ahmed Siddiqui, huge quantity of Narcotics is available. On receipt of spy information, the ANF Officials reached the…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492