State vs Muhammad Imran Scope — 2024 PCrLJ 1111 LAHORE-HIGH-COURT-LAHORE

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State VS Muhammad Imran Scope---Law of limitation being lex fori creates a right in favour of the parties, therefore, cannot be ignored by treating it mere a technicality. Citation Name: 2024 PCrLJ 1111 LAHORE-HIGH-COURT-LAHORE State VS Muhammad Imran Double presumption of innocence---Scope---Once an acquittal was recorded in favour of accused facing criminal charge he enjoyed twice the presumption of innocence, and such acquittal right could not be undone by ignoring the law of land applicable on the subject. Citation Name: 2024 PCrLJ 1111 LAHORE-HIGH-COURT-LAHORE State VS Muhammad Imran S.417---Control of Narcotic Substances Act (XXV of 1997), Ss.9(c) & 48---Limitation Act (IX of 1908), Art.157---Appeal against acquittal---Limitation---State preferred appeal against the acquittal order/judgment passed by the Trial Court on an application under S. 265-K, Cr.P.C., moved by the accused (respondent)---Allegedly, the appeal had been filed beyond the period of limitation---Record showed that it was claimed that period of limitation for filing of appeal against acquittal by the State was six months as per Art. 157 of the Limitation Act, 1908---However, the appeal against acquittal was not being regulated under S.417, Cr.P.C, rather was filed under S.48 Control of Narcotic Substances Act, 1997, which was a special law and was to be read with period of limitation provided therein---However, no period of limitation was mentioned for filing of appeal under S.48 of the Control of Narcotic Substances Act, 1997; therefore, subject to S.29 of the Limitation Act, it could safely be held that Art. 157 of the Limitation Act would well be available to the State for filing of appeal against acquittal---Present appeal had been filed beyond the period of limitation of six months, which was time barred by 13 days and it could not condoned under S.5 of the Limitation Act, which was not available for proceedings under special law---Appeal was dismissed being time barred.

State vs Muhammad Imran Scope — 2024 PCrLJ 1111 LAHORE-HIGH-COURT-LAHORE

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