MUHAMMAD NAEEM vs State Ss — 2023 PLD 118 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 PLD 118 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: PLD
Parties: MUHAMMAD NAEEM vs State Ss
Subject matter: Criminal
Provisions referred to: S. 21; Narcotic Substances Act (XXV of 1997); Anti- Money Laundering Act; Narcotic Substances Act; Anti-Money Laundering Act

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 NAEEM VS State Ss. 3, 4 & 21---Control of Narcotic Substances Act (XXV of 1997), Ss. 9(c), 72, 73 & 74---Possession of narcotic substance, foreign currency and weapons---Offences punishable under the provisions of Anti- Money Laundering Act, 2010---Trial of the accused---Jurisdiction of the Court, question of---Anti-Narcotic Force, apart from narcotic substance and weapons, also recovered foreign currency from the intercepted vehicle---Trial was conducted by Special Judge of the Court established under the Control of Narcotic Substances Act, 1997 ('Special Judge-CNS')---Special Judge-CNS not only held trial and passed sentence against the accused/appellant for possession of narcotic substance but also for the offences punishable under the provisions of Anti- Money Laundering Act, 2010---Legality---Conviction and sentence recorded by the Special Judge-CNS, did not fall within its jurisdiction as the same did not square within provision of Ss. 72, 73 & 74 of the Control of Narcotic Substances Act, 1997, thus the conviction and sentence awarded by the Special Judge-CNS to the appellant under the offences punishable under Ss. 3 & 4 of the Anti- Money Laundering Act, 2010 was coram non judice; thus, impugned judgment to the said extent was set at naught---High Court remitted the case to the Court constituted under Anti- Money Laundering Act, 2010, to initially adjudicate upon the question of maintainability and cognizance of the indictment in view of S. 21 of the Anti-Money Laundering Act, 2010 and then to decide the case in accordance with law---Appeal was disposed of accordingly.

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