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Petitioner: NAZAR HUSSAIN VS Respondent: STATE
1994 P Cr
1994 P Cr. L J 1464
[Lahore]
Before Rashid Aziz Khan, J
NAZAR HUSSAIN ---Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous No.181/T of 1993, decided on 4thOctober, 1993.
(a) Criminal Procedure Code (V of 1898)---
----S. 526---Prohibition (Enforcement of Hadd) Order (4 of 1979), Art.3/4-- Transfer of case---Accused was found in possession of 18 grams of heroin---If the quantity of heroin recovered from the accused is less than 500 grams, then the trial is to be conducted by a Section 30 Magistrate---Case pending against the accused before Sessions Court was consequently transferred to the Court of Section 30 Magistrate.
1990 Cr. L J 1825 rel.
(b) Prohibition (Enforcement of Hadd) Order (4 of 1979)---
----Art. 3/4---Forum of trial---Trial to be conducted by a Section 30 Magistrate if the quantity of heroin recovered is less than 500 grams.
1990 Cr. L J 1825 ref.
Muhammad Ashraf Hajazi for Petitioner;
Ijaz Ahmad Chaudhry, Asstt. A: G. for the State.
Date of hearing: 4th October, 1993.
ORDER
Petitioner has moved this application seeking transfer of case titled "The State v. Nazar Hussain" registered against him vide F.I.R., dated 15-3-1993 with Police Station Aroti, Tehsil Kamalia, District Toba Tek Singh, for an offence under Article 3/4 of Prohibition (Enforcement of Hudood) Order, 1979, presently pending in the Court of Mian Abdul Latif, Additional Sessions Judge, Toba Tek Singh, to the Court of Magistrate Section 30, Toba Tek Singh.
2. It was contended by learned counsel for the petitioner that the allegation against the petitioner was that he was found in possession of 18 grams of heroin contends that there are number of judgments, according to which the heroin recovered, if was less than 500 grams, then the case should be tried by a Magistrate. Relied upon 1990 Cr. L J 1825. Learned Assistant Advocate-General appearing for the State conceded that there are some judgments to that effect.
3. I have heard the learned counsel at length. There are number of unreported judgments as well, wherein it was decided that if the quantity of heroin recovered was less than 500 grams, then the trial shall be conducted by a Magistrate Section 30. In view of the pronouncements made by this Court, the petition is accepted and the case titled The State v. Manr Hussain, presently pending in the Court of Additional Sessions Judge, Toba Tek Singh, is transferred to the Court of Magistrate of Section 30, Toba Tek Singh. Thel petition is disposed of.
N.H.Q./N-230/L Case transferred.