QUTAB KHAN vs DISTRICT POLICE OFFICER, D — 2021 PCrLJ 638 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 PCrLJ 638 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: PCRLJ
Parties: QUTAB KHAN vs DISTRICT POLICE OFFICER, D
Subject matter: Criminal
Provisions referred to: S. 9; S. 164; S. 22-

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

QUTAB KHAN VS DISTRICT POLICE OFFICER, D.I. KHAN Ss. 22-a & 22-B---Control of Narcotic Substances act (XXV of 1997), S. 9(c)---Constitution of Pakistan, art. 199 ---Constitutional petition---Ex-Officio Justice of Peace, powers of---Direction to investigating officer---Petitioners were accused facing proceedings under S. 9(c) of Control of Narcotic Substances act, 1997---Petitioners were aggrieved of order passed by Ex-Officio Justice of Peace declining to issue direction to investigating officer for arraying respondent as accused and recording statement under S. 164, Cr.P.C.---Validity--- Powers conferred on Ex-Officio Justice of Peace were not judicial, rather were ministerial--- While dealing with applications under S. 22-a(6), Cr.P.C. Ex-Officio Justice of Peace could issue directions to concerned police officials for observance of all legal requisite formalities but he could not step into the shoes of investigating agency, which was independent in all respects, such matter related to investigating agency and not with Ex-Officio Justice of Peace---High Court declined to interfere in judgment/order passed by Ex-Officio Justice of Peace as the same was well reasoned and based on proper appreciation of facts and circumstances of the case---Constitutional petition was dismissed in circumstances.

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