Additional District and Sessions Judge Lahore while stopping the recording of evidence in a 'Bhang' recovery case against one Riaz Javed directed law officer to assist the court on the point that the said recovery case could not be tried under Control of Narcotics Substances Act (CNSA) 1997.
The court passed these orders when the counsel for the accused, Malik Bilal Zia advocate, challenging the jurisdiction of the court, had requested the court to transfer the case to the city magistrate for its disposal in accordance with the law.
The court, after hearing the counsel, stopped the recording of the evidence and directed the law officer to appear before the court on March 13 and assist the court on the point raised by the counsel.
Malik Zia had taken the plea that Bhang does not fall in the list of prohibited narcotics substances mentioned in CNSA, hence the said recovery case could not be registered under Section 09 of CNSA.
He said the higher courts, in a number of cases, have held that Bhang did not fall within the list of prohibited narcotics substances, therefore, the under trial Bhang recovery case could not be tried under CNSA of 1997.
He said the Bhang recovery case is liable to be tried under Prohibition Enforcement Hadd Ordinance (PEHO) of 1979 and added that under PEHO maximum sentence is only three years while under CNSA an accused could be convicted for a major penalty or for life imprisonment.
He said that only due to mala fide intention or illegal actions of the police officials, a person might face life-term detention.
He said that police only to show it efficiency registered such cases illegally and without lawful authority, adding that the police in present case registered the FIR illegally and without lawful authority as the accused had refused to fulfill their demand ie illegal gratification.
The court, after hearing the petitioner's counsel at length, stayed further evidence and directed the law officer to assist the court on the point raised by the defence counsel.
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