Cr.Acq.A.No.57 of 2006

For Katcha Peshi.

4.4.2008.

Mr.Abdul Baqi Jan Kakar for the appellant.

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Learned counsel for the appellant submits that the learned trial court has misread and not appreciated the evidence on the record in spite of the fact that complainant and all other prosecution witnesses including Mst.Nasreen have fully implicated the respondent Ghulam Rasool s/o Noor Muhammad. Had it been appreciated the evidence/material on the record, the learned trial court would have not recorded the acquittal. The contention raised requires consideration. Issue pre-admission notice to the Addl.A.G and BWs against respondent No.1 in the sum of Rs.50,000/-.

Adjourned to 17.4.2008.

JUDGE

N.M.

Cr.B.A. No.39 of 2007

For further orders.

4.4.2008.

Mr.Ghulam Shabir Dayo for the applicant.

Mr.Muhammad Mahmood S. Khan Yousfi, Asstt: A.G.

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On 14.2.2007 an order was passed that the investigation conducted by the complainant as Investigating Officer was against the mandatory provision of sub article 4 of article 18 of the Police Order, 2002 and bail was granted on this account to the applicant by the Division Bench of this Court as at that time the bail applications were heard by a Division Bench but subsequently through notification No.GAZ:XII-Z-23(H.C) dated 6.9.2007, the powers were entrusted to a Single Bench to hear the bail applications meaning thereby the Single Bench has the same powers as the Division Bench has the powers in the past. It was also ordered on 14.2.2007 that since the complainant Inspector Khalid Ghaffar Khuwaja was the complainant who investigated the case by himself for the recovery of 1100 grams opium so recovered by him from Sadiq Ali. It was ordered that since he has violated the sub article 4 of article 18 of the Police Order, 2002, the Regional Police Officer was required to conduct an enquiry and take necessary steps as to the disciplinary action against him. Since then said Inspector Khalid Gaffar Khuwaja is facing enquiry and he was also suspsended from service.

In my considered view, as regards the investigation in a case under the Control of Narcotic Substances Act, 1997, it is special law, which will prevail over the other laws. I, therefore, recall the order dated 14.2.2007 for conducting enquiry and taking necessary steps as to disciplinary action against Inspector Khalid Ghaffar Khuwaja as he has not committed any illegality for conducting investigation being a complainant as the enquiry if any is pending against him in this regard be withdrawn forthwith. During this period, he is entitled to all admissible benefits, increments and promotions, if any, according to law.

JUDGE

N.M.