1993 P Cr (PLP)
ARSHAD ZUBAIR — Petitioner Versus S.H.O. — Respondent
| Citation | 1993 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | ARSHAD ZUBAIR — Petitioner Versus S.H.O. — Respondent |
Q1: What are the key laws and sections cited in 1993 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1993 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1993 P Cr (PLP) (ARSHAD ZUBAIR — Petitioner Versus S.H.O. — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Ijaz Anwar for Petitioner.
- 2. I have heard the learned counsel at length and gone through the file. Learned Additional Advocate-General was asked to assist the Court, who after obtaining instructions submitted that the District Magistrate had passed an order that all cases of narcotics where samples were required to be sent for chemical examination, orders from Rana Farooq Ahmed Khan, Magistrate First Class, had to be obtained. The said Magistrate was further directed to take samples personally and seal them. In view of the direction of the District Magistrate police had to get orders from the said Magistrate. The action of the police, therefore, is neither mala fide nor illegal. No ground for interference in this Constitutional petition is made out. Petition fails which is dismissed.
Headnotes / Summary
Art. 3/4
Constitution of Pakistan (1973), Art.199
District Magistrate had passed an order that in all cases of narcotics where samples were required to be sent for chemical examination, orders from a specified Magistrate had to be obtained who was further directed to take samples personally and seal them
Action of police for getting permission for sending the samples for chemical examination from the said Magistrate instead of the Trial Court, therefore, was neither mala fide nor illegal
Constitutional petition was dismissed accordingly.
Judgment & Decree
Art. 3/4
Constitution of Pakistan (1973), Art.199
District Magistrate had passed an order that in all cases of narcotics where samples were required to be sent for chemical examination, orders from a specified Magistrate had to be obtained who was further directed to take samples personally and seal them
Action of police for getting permission for sending the samples for chemical examination from the said Magistrate instead of the Trial Court, therefore, was neither mala fide nor illegal
Constitutional petition was dismissed accordingly. Ijaz Anwar for Petitioner. Rana Muhammad Arshad, Addl. A.-G. and M. Iqbal Vehniwal for the Respondent. The facts leading to the filing of this Constitutional petition are that the petitioner stands involved in a case for an offence under Article 3/4 of Prohibition (Enforcement of Hadd) Order, 1979, with Police Station Nekapura, District Sialkot, vide F.I.R. dated 16-9-1992. Allegation against the petitioner was that 500 grams heroin was recovered from his possession. Samples were sent to Chemical Examiner; according to the report traces of heroin were found. Thereafter the police in order to get favourable report obtained orders from Duty Magistrate instead of the trial Court and again sent samples for re-examination and report. Petitioner challenges the action of the police of sending the samples once again. It was contended by learned counsel for the petitioner that the action on the part of the police was illegal by sending again the samples for chemical examination when a report had already been received. Argued that the mala fides are apparent from the fact that instead of getting permission from the trial Court orders were obtained from Duty Magistrate for sending the samples.
2. I have heard the learned counsel at length and gone through the file. Learned Additional Advocate-General was asked to assist the Court, who after obtaining instructions submitted that the District Magistrate had passed an order that all cases of narcotics where samples were required to be sent for chemical examination, orders from Rana Farooq Ahmed Khan, Magistrate First Class, had to be obtained. The said Magistrate was further directed to take samples personally and seal them. In view of the direction of the District Magistrate police had to get orders from the said Magistrate. The action of the police, therefore, is neither mala fide nor illegal. No ground for interference in this Constitutional petition is made out. Petition fails which is dismissed. N.H.Q./A-299/L Petition dismissed.