MUHAMMAD SHAH vs State Ss — 2023 PCrLJ 1022 ISLAMABAD

Case information

Citation: 2023 PCrLJ 1022 ISLAMABAD
Court: Islamabad High Court
Year: 2023
Reporter: PCRLJ
Parties: MUHAMMAD SHAH vs State Ss
Subject matter: Criminal
Provisions referred to: S. 9; Narcotic Substances Act (XXV of 1997); Narcotic Substances Act; Criminal Procedure Code

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

MUHAMMAD SHAH VS State Ss. 366 & 367---Control of Narcotic Substances Act (XXV of 1997), Ss. 47 & 48--- Appeal against the order---Mode of delivering judgment---Language of judgment---Contents of judgment---Petitioner was convicted under S. 9(c) of the Control of Narcotic Substances Act, 1997, for trafficking heroin as well as opium and sentenced by the Trial Court---Application of the Code of Criminal Procedure Code, 1898, was mandatory for trials and appeals before the Special Court/Trial Court which envisaged mode of delivering the judgment, language of judgment and contents of judgment---Impugned judgment was not legally sustainable, as the failure of the Trial Court to specify the points for determination as required by the Code of Criminal Procedure Code, 1898, was an omission and absence of decision on the said points and want of reasons in the judgment amounted to an illegality which prejudiced the case of the appellant---Consequently, the impugned judgment was set aside---Case was remanded for re-writing of the judgment afresh after hearing the parties in accordance with law on the subject---Appeal was allowed accordingly.

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