2020 PLP 2401 (YLR)
The STATE/ANTI-NARCOTICS FORCE through Assistant Director — Petitioner Versus SPECIAL JUDGE CONTROL OF NARCOTIC SUBSTANCES/IST ADDITIONAL SESSIONS JUDGE, BADIN and another — Respondents
| Citation | 2020 PLP 2401 (YLR) |
| Forum / Court | Sindh (Hyderabad Bench) |
| Bench Members | Muhammad Iqbal Mahar and Irshad Ali Shah, JJ |
| Parties | The STATE/ANTI-NARCOTICS FORCE through Assistant Director — Petitioner Versus SPECIAL JUDGE CONTROL OF NARCOTIC SUBSTANCES/IST ADDITIONAL SESSIONS JUDGE, BADIN and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2020 PLP 2401 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2020 PLP 2401 (YLR)?
The case was heard and decided by the Sindh (Hyderabad Bench) bench comprising: Muhammad Iqbal Mahar and Irshad Ali Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2020 PLP 2401 (YLR) (The STATE/ANTI-NARCOTICS FORCE through Assistant Director — Petitioner Versus SPECIAL JUDGE CONTROL OF NARCOTIC SUBSTANCES/IST ADDITIONAL SESSIONS JUDGE, BADIN and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Ayoub Kassar, Special Prosecutor ANF for Petitioners.
- Muhammad Ismail Bhutto, Assistant Advocate General Sindh for Respondents.
Headnotes / Summary
S. 177
Ordinary place of inquiry and trial
Scope
Anti-Narcotics Force (ANF) District 'H' arrested the accused and secured five kilograms of charas within the territorial jurisdiction of District 'B'
Challan of the case was submitted before the Special Court at District 'B' who returned the same for its submission at District 'H' on the ground that police station of ANF was situated at District 'H'
Section 177, Cr.P.C. provided that every offence would ordinarily be inquired in and tried by a court within the local limits of whose jurisdiction it was committed
Alleged offence was committed at District 'B', therefore, Special Court at District 'B' was under legal obligation to have taken cognizance of the offence against the accused involved therein on police report for its disposal in accordance with law
Judgment & Decree
IRSHAD ALI SHAH, J.
The facts in brief necessary for disposal of instant constitutional petition are that the police party of ANF Hyderabad led by Inspector Muhammad Mashooque, on arrest from accused Muhammad Juman secured five kilogram of the charas within jurisdiction of District Badin. On due investigation, challan of the case was submitted by ANF police before learned Sessions /CNS Judge, Badin, for trial of the accused involved therein, in accordance with law. It was returned by learned Sessions/CNS Judge, Badin vide his order dated 21.01.2017 with observation that; PS ANF is situated within District Hyderabad as such the challan has to be submitted before the Sessions Court / CNS Court having jurisdiction. Heard arguments and perused the record. Section 177, Cr.P.C provides that every offence shall ordinarily be inquired in and tried by a Court within the local limits of whose jurisdiction it was committed. In the instant matter the alleged offence has admittedly been committed at District Badin which is situated within local limits of Sessions/ CNS Court, Badin. In that situation, learned Sessions / CNS Judge Badin was under lawful obligation to have taken the cognizance of the offence against the accused involved therein on police report for its disposal in accordance with law within the mandate contained by section 177, Cr.P.C. By not doing so, he has committed wrong, which has rendered the impugned order to be illegal, it is set-aside. The instant constitutional petition is disposed of accordingly. SA/S-154/Sindh Order accordingly.