2004 PLP 2259 (YLR)
NAZIR HUSSAIN and others — Appellants Versus THE STATE-Respondent
| Citation | 2004 PLP 2259 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Khawaja Muhammad Sharif and Bashir A. Mujahid, JJ |
| Parties | NAZIR HUSSAIN and others — Appellants Versus THE STATE-Respondent |
Q1: What are the key laws and sections cited in 2004 PLP 2259 (YLR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004 PLP 2259 (YLR)?
The case was heard and decided by the Lahore bench comprising: Khawaja Muhammad Sharif and Bashir A. Mujahid, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP 2259 (YLR) (NAZIR HUSSAIN and others — Appellants Versus THE STATE-Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- ----Ss. 9-C & 48---Appreciation of evidence---Accused were got discharged by Investigating Officer himself---Additional Advocate-General and Legal Advisor of Anti-Narcotics Force conceded the submission made by counsel for accused and stated that if after recording evidence of prosecution witnesses Trial Court would come to the conclusion that sufficient material was available on record then it was empowered to summon them-- Accepting appeal, accused were released.
- 3. Mr. M. Bilal Khan, Additional Advocate-General and Legal Advisor of Anti-Narcotics Force concedes the submissions made by the learned counsel, for the appellants and submit that if after recording evidence of P.Ws., the learned trial Court comes to the conclusion that, sufficient material is available on record, then it is empowered to summon them.
Judgment & Decree
KHAWAJA MUHAMMAD SHARIF, J.
This is an appeal against the summoning order so the delay is condoned.
2. Learned counsel for the appellants submits that appeal under section 48 of the Control of Narcotic Substances Act, 1997 is maintainable. He further submits that both the petitioners were got discharged by the Investigating Officer himself and that without recording any evidence, the learned trial Court while referring to a bail matter of the co-accused has ordered for summoning of the respondents. Reliance has been placed on "Muhammad Ibrahim and others v. Qudrat Ullah Ruddy and others" PLD 1986 Lah. 256 and unreported judgment delivered in Appeal/Revision No.1889 of 2002 titled "Muhammad Asim Lahore v. State". Learned counsel further submits that in the unreported judgment circumstances were of similar nature as that of the present case.
3. Mr. M. Bilal Khan, Additional Advocate-General and Legal Advisor of Anti-Narcotics Force concedes the submissions made by the learned counsel, for the appellants and submit that if after recording evidence of P.Ws., the learned trial Court comes to the conclusion that, sufficient material is available on record, then it is empowered to summon them.
4. After hearing the learned counsel', for the parties and having gone through the two judgments noted (supra), we accept this' appeal and set aside the impugned order dated 9-10-2002. The appellants are behind the bars. They shall be released from jail, if not required in any other criminal case. H.B.T./N-64/L Appeal accepted.