2001 PLP 1771 (MLD)
Sheikh RIAZ‑UD‑DIN‑‑‑Applicant Versus THE STATE‑‑‑Respondent
| Citation | 2001 PLP 1771 (MLD) |
| Forum / Court | Karachi |
| Bench Members | Sarmad Jalal Osmani and S.A. Rabbani, JJ |
| Parties | Sheikh RIAZ‑UD‑DIN‑‑‑Applicant Versus THE STATE‑‑‑Respondent |
Q1: What are the key laws and sections cited in 2001 PLP 1771 (MLD)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2001 PLP 1771 (MLD)?
The case was heard and decided by the Karachi bench comprising: Sarmad Jalal Osmani and S.A. Rabbani, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2001 PLP 1771 (MLD) (Sheikh RIAZ‑UD‑DIN‑‑‑Applicant Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Headnotes / Summary
Control of Narcotic Substances Act (XXV of 1997)‑‑‑ ‑‑‑‑S. 49‑‑‑Criminal Procedure Code (V of 1898), S.526‑‑‑Transfer of case‑‑ Jurisdiction of High Court‑‑‑High Court, under S. 49, Control of Narcotic Substances Act, 1997, had unfettered jurisdiction to ‑transfer cases from one Special Court to the other except to the extent that such power was to be exercised in accordance with S. 526, Cr.P.C.‑‑‑Provisions of S.526(1)(d) & (e), Cr.P.C. had provided that powers of transfer could be exercised for the general convenience of the parties and also to meet the ends of justice‑‑‑One of the accused, in the present case, was the same in both the cases and most of the witnesses were official witnesses‑‑‑Transfer of case, in circumstances, from one Court to another for the convenience of the parties was in the interest of justice‑‑‑Case was ordered to be transferred accordingly. M. Iqbal Ahmed for Applicant. Shoaib Ashraf, Special Prosecutor of A. N. F. for the State.
Judgment & Decree
SARMAD JALAL OSMANI, J.‑‑‑This is an application under section 49 of the .Control of Narcotic Substances Act, 1997 read with section 526, Cr.P.C. for the purpose of consolidation of two cases pending against the applicant/accused under F.I.R. No. 13 of 1998, in the Court of Special Judge (Narcotics), District East, Karachi and F.I.R. No. 15 of 1998, which is pending in the Court of Special Judge (Narcotics), Malir, Karachi. Learned counsel says that all he desires is that both the cases be in the same Court for the purpose of convenience to the applicant as well as the prosecution since most of the witnesses are official witnesses. He further says that this would not only be for the convenience of the parties but would also foster the ends of justice as valuable Court time would be saved. Learned Special Prosecutor for ANF has opposed this application as according to him the provisions of section 49 of the abovementioned Act allow the transfer of one case pending in a particular Court to another Court when the Courts are situated within the same District. We have considered the arguments of both the learned counsel. In our view the proviso to section 49 of the Act very clearly provides that where more than one Special Court is set up by the Federal Government within the territorial jurisdiction of a High Court, the High Court may transfer any case at any stage from one Special Court to another Special Court in accordance with section 526 of the Cr.P.C. In our view this provision of the Act does not fetter the jurisdiction or power of a High Court to transfer cases from one Special. Court to the other except to the extent that such power is to be exercised in accordance with section 526 of the Cr.P.C. Section 526 is also very clear, subsections (d) and (e) of which provides that the power of transfer can be exercised for the general convenience of the' parties and also to meet the ends of justice. In our view as one of the accused is the same in both cases viz. the applicant and as most of the witnesses would be official witnesses, therefore, it would be in the interest of justice to grant this application for the convenience of the parties. Accordingly, this application is granted and file of Special Case No. 189 of 1998 under F.I.R. No. 15 of 1998 pending in the Court of Special Judge (Narcotics), Malir, Karachi is transferred to the Court of Special Judge (Narcotics), Karachi‑East, where Special Case No. 45 of 1998 under F.I.R. No. 13. of 1998 is also pending. However, it is clarified that both the cases. shall proceed independently and separately. Order accordingly. H.B.T./R‑38/K Case transferred.