Law: Constitution of Pakistan, 1973

Section: 9

Law: Criminal Procedure Code (V of 1898)

Section: 561A,173,344

Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

(a) Constitution of Pakistan (1973)---Art. 9---Security of person---Safeguards as to life and liberty---Duty of Courts-Courts have to safeguard the fundamental rights of every citizen and to protect the life and liberty from illegal, unauthorized and mala fide acts of omission or commission by an authority or person---Where the liberty of a citizen is involved, the action initiated by the police when found to be mala fide the Court should not hesitate to step in and grant relief to the citizen. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9(c)---Criminal Procedure Code (V of 1898), Ss.561-A, 173 & 344---Constitution of Pakistan (1973), Art.185(3)---Quashing of proceedings---Accused was in jail for the last over eight months---Not a single witness had so far been examined in the case' and the trial was being delayed on one pretext or the other---Examination of the accused conducted by the Medical Board pursuant to Court's order had revealed a number of multiple injuries on his person and fracture of his one leg, which showed the atrocities committed by the police---No traces of "Charas" were found in the initial report of the Chemical Examiner who had asked for further sample, for examination of which extraordinary reasons were required---Formalities of Ss.173 and 344, Cr.P.C. had not been complied with and challan against the accused had not been submitted within the stipulated period, resulting in grave miscarriage of justice---Material on file did not make out any offence against the accused, charge on the face of it was groundless and no possibility of conviction of accused was present---Charge having been framed by Trial Court was no bar in the way of quashment of proceedings, continuation of which would be a futile exercise and wastage of time--Petitions for leave to appeal were consequently converted into appeals and allowed and impugned F.I.Rs. were quashed accordingly, with the direction to Jail Authorities to release the accused. Government of Sindh through the Chief Secretary, Karachi and 4 others v. Raeesa Farooq and 5 others 1994 SCMR 1283; Maqbool Rehman v. The State 2002 SCMR 1076; The State v. Amjad Ali PLD 2007 SC 85; Hakim…

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