Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: THE STATE VS Respondent: Mirza MUHAMMAD IQBAL BAIG
Court Name: Sindh High Court Judge(s): Mushtaq Ali Kazi Title: THE STATE vs Mirza MUHAMMAD IQBAL BAIG Case No.: Criminal Reference No, 189 of 1975 Date of Judgment:1976-11-11 Reported As: 1977 P Cr. L J 432 Result: Reference accepted
JUDGMENT
JUDGMENT ' This is a reference by the 6th Additional Sessions Judge, Karachi recommending that an order passed under section 117(3), Cr. P. C. By S. D. M., City Karachi against the respondent may be quashed. The allegation against the respondent was that he was a habitual smuggler of narcotics and a dangerous person. The learned S. D. M. Passed an order under section 112 against him on 5th August, 1975 and on the same day he passed another order under section 117(3), Cr. P. C. After recording brief statement of the S. H. O. And to other persons. It would appear that the main ground for starting these proceedings against the respondent was that he was smuggler of narcotics. These activities are not covered by section 110, Cr. P. C. Moreover, no opportunity appears to have been allowed to the respondent to cross-examine these witnesses or to effectively defend himself by engaging a counsel. I accordingly accept the reference of the learned Addl. Sessions Judge for the reasons stated by him in his order and quash the entire proceedings including the order under section 117(3), Cr. P. C. .