Summary: Criminal Procedure Code (V of 1898)-------S. 497(1), provisos third & fourth---Penal Code (XLV of 1860), Ss.302, 365 & 34---AntiTerrorism Act (XXVII of 1997), S. 21-D(2)---Qatl-i-amd, kidnapping or abducting with intentsecretly and wrongfully to confine person, common intention---Bail, refusal of---Accused alongwith co-accused were nominated in promptly lodged FIR---FIR was lodged prior to recovery ofdead body which was recovered cuffed in shackles of iron loops---Information provided in theFIR, and the statements of witnesses, were corroborated with subsequent circumstances of thecase---Act of accused and co-accused, amounted to terrorism, which included actions causingalarm, fright, panic, horror, fearfulness etc.---Accused persons, would not be entitled to earn theconcession of bail on basis of statutory delay being offenders of the case of terrorism---Bailapplication of accused, was dismissed, in circumstances.Sudheer v. The State 2009 YLR 296; Muhammad Iqbal alias Bali v. The State 2008 YLR 864; Mujahid alias Billa v. The State 2008 YLR 1449; Abdul Wahid Junejo v. The State 1997PCr.LJ 1808; Muhammad Saqib v. The State 2007 YLR 694; Gul Hassan Shah v. The State 1990MLD 1542; Riasat Ali v. Ghulam Muhammad and another PLD 1968 SC 353; MuhammadAslam v. The State 2005 PCr.LJ 437 and Atto alias Muhammad v. The State PLD 2008 Kar. 177distinguished.Imtiaz Ahmed v. The State PLD 1997 SC 554; Rizwan Hussain v. The State 1999 SCMR131; Muhammad Shafique v. The State 1998 PCr.LJ 1229 and Mst. Badrunnisa Jatoi and othersv. The State 2000 PCr.LJ 428 re

Summary: S. 33-E---Criminal Procedure Code (V of 1898), S.386---Penal Code (XLV of 1860), S.70---Constitution of Pakistan, Art.199---Constitutional petition---Recovery of amount of fine etc. as arrears of land revenue.

Summary: Civil service-------Employees of Pakistan Railways--- Promotion--- Terms and conditions of service---Bar contained under Art.212 of the Constitution--- Scope---Pakistan Railways was the department of Federal Government and its employees were covered by "persons in the service of Pakistan"---Prayer made by the employees was with regard to "terms and conditions" of their service which could not be granted under the constitutional jurisdiction of High Court.

Summary: A motor vehicle registered in Balochistan is liable to be taxed in Punjab, if kept here for more than three months. Scope of registration and motor vehicle tax discussed, under relevant provisions of Motor Vehicles Taxation Act, 1958 and Motor Vehicle Ordinance, 1965.

Summary: (a) Penal Code (XLV of 1860)-------S. 302(b)---Anti-Terrorism Act (XXVII of 1997), S.19(10), (12)---Constitution of Pakistan,Arts.9, 10 & 10-A---Qatl-i-amd---Appreciation of evidence---Conviction in absentia---Right tofair trial---Accused after having been declared proclaimed offender, had been sentenced to deathand application filed by accused under S.19(12) of the Anti-Terrorism Act, 1997, was alsodismissed by the Trial Court---Section 19(10) of Anti-Terrorism Act, 1997, which dealt with trialof a proclaimed offender in absentia, stipulated and made it mandatory for the Trial Court toconduct an inquiry in respect of deliberate absence of accused; without fulfilling the directionmade therein, no conviction could be sustained---Accused, who was sentenced to death inabsentia, could not be arrested and his non-bailable perpetual warrants remained in field---Accused, was subsequently arrested and he submitted application under S.19(12) of AntiTerrorism Act, 1997, which was dismissed vide impugned order---Contention of accused wasthat he did not present himself before the court due to lack of information, and not to evadejustice deliberately as according to him he was not aware of the fact that a case had been lodgedagainst him---Accused was not convicted according to law, because the pre-requisites of fair trialwere not provided to him---Procedure adopted by the Trial Court, was not in accordance withlaw and Arts.9, 10, 10-A of the Constitution---Right of fair trial was guaranteed under Art.10-Aof the Constitution---Trial Court having passed the conviction and recorded the sentence ofaccused in hasty manner, without appreciating the evidence on record, conviction and sentenceof accused, could not be sustained---Impugned judgment passed by the Trial Court was set asideand case was remanded to the Trial Court for trial fresh.Arbab Khan's case 2010 SCMR 755 and Mir Ikhlaq Ahmed v. The State 2008 SCMR951 ref.(b) Constitution of Pakistan-------Art. 189---Decision of Supreme Court, binding force of---Judicial dignity demanded thatevery judgment delivered by the Supreme Court, irrespective of the size of the author bench,deserved and received the highest respect; while any deviation thereof would amount to clear violation of the mandate of Constitution---Determination and deposition made by the SupremeCourt, could neither be bypassed, nor the validity and unity thereof be examined by the HighCourt; as the same had binding force and effect---Right duly recognized by the judgment of theSupreme Court, had to be given effect---Any decision of Supreme Court, to the extent it decideda question of law, or was based upon or enunciated principle of law, would be binding on allother courts in Pakistan.

Summary: .Control of Narcotic Substances Act (XXV of 1997)-------S. 9(c)---Possessing and trafficking of narcotics---Appreciation of evidence---Ocular testimony, recovery of substance, positive Forensic Science Laboratory report, had fully proved case against accused persons.

Summary: .Control of Narcotic Substances Act (XXV of 1997)-------S. 9(c)---Possessing and trafficking of narcotics---Appreciation of evidence---Ocular testimony, recovery of substance, positive Forensic Science Laboratory report, had fully proved case against accused persons.

Summary: (a) Penal Code (XLV of 1860)-------S. 302(b)---Qatl-i-amd---Appreciation of evidence---Sentence, reduction in---Accusedwas charged for committing murder of cousin of the complainant by shotgun fire---Ocularaccount of the incident had been furnished by five witnesses---Occurrence, in the presentcase was reported by the complainant, who did not mention the motive of occurrence, it wasquite natural because complainant was not resident of vicinity and was on visit to the fatherof the accused---Record showed that an altercation between children of both sides gave riseto the altercation between their elders---Said recent event might not be in the knowledge ofthe complainant, on the other hand, two witnesses/brothers of the deceased were also livingin the same boundary-wall and were party to the altercation between the two families; thus,said brothers of deceased being natural witnesses stated a true account and deposed in respectof very reason behind the murder of their brother---Statements of witnesses recorded underS.161, Cr.P.C. and their court statements clearly mentioned the motive behind theoccurrence---Motive emerged through testimonies of independent witness could not betermed as dishonest and improved version of the prosecution's case, but in fact brought aclearer picture before the court---Crime weapon (shotgun) and an empty casing of a bulletfired from said shotgun were not recovered---Brother of deceased provided the names ofwitnesses, who were gathered on the spot after the occurrence and their testimonies beingindependently corroborated by the other eye-witnesses of the occurrence were not onlyreliable but being confidence inspiring were sufficient to record conviction against theaccused---Ocular account of the witnesses was corroborating each other on material pointsand the defence had failed to shatter their credence through any independent adverseevidence, being contrary to the case as set out by the prosecution---Circumstancesestablished that the prosecution had successfully proved the charge of murder of thedeceased against the accused beyond the shadow of any reasonable doubt; however, it couldnot be gathered from record that murder of the deceased was premeditated or was based onsome previous motive between the parties---Awarding death sentence to the accused wouldbe against the dictates of justice---Possibility of sudden provocation developed at the spur ofthe moment could not be ruled out---Possibility could not be ruled out that due to altercationbetween the parties, the deceased would have entered into the havaili of accused, and theaccused under the fear of injury or due to sudden provocation fired upon him---Considering said aspects of the matter as mitigating circumstances, capital punishment could not beawarded to accused, therefore, sentence of death awarded to accused was altered to that ofimprisonment for life---Appeal was dismissed with said modification.(b) Criminal trial-------Motive---Scope---Absence of motive was not always termed as fatal to the prosecution.(c) Criminal trial-------Investigation---Duty of Investigating Officer--- Scope--- Any leverage or concessionextended to the accused, being lapses on the part of the investigating agency, would not betermed fatal to prosecution case---If said lapses were not materially affecting the veracity andcredence of ocular account, they would be considered as immaterial.(d) Criminal trial-------Recovery of weapon and crime empties---Scope---Recovery of crime weapon and emptieswas not a mandatory requirement of law---Same being circumstantial and/or corroboratorypiece of evidence only tends corroboration to the other pieces of evidence---In absence ofcorroborative evidence, particularly, in respect of incriminating articles, which are related toancillary proceedings of the investigation, will have no direct impact upon the ocularaccount, therefore, they will not be fatal to a credible direct evidence.Imran Ashraf and 9 others v. The State 2001 SCMR 424 and Assadullah v.Muhammad Ali and 5 others PLD 1971 SC 541 rel.(e) Criminal trial-------Site plan---Scope---Site plan was not a substantive part of evidence, but being acorroboratory piece of evidence, was confirmatory in nature for lending support to an ocularaccount of the occurrence---Mere omission to mention the position of eye-witness in a siteplan was not fatal to the prosecution case.Ali Sher v. The State PLD 1980 SC 317; Mehr Ali v. The State 1968 SCMR 161;Sardar Khan v. The State 1998 SCMR 1823; Abdul Rauf v. The State 2003 SCMR 522 andSaleh Muhammad alias Hashim Marri v. The State 2013 PCr.LJ 692 rel.(f) Criminal trial-------Evidence---Ocular account and medical evidence---Conflict---Effect---In case of conflictbetween the ocular account and medical evidence, the ocular account would prevail over themedical evidence and same being confirmatory in nature would not affect the ocular account.Iqbal alias Bhala v. The State 1994 SCMR 1 rel.

Summary: Criminal Procedure Code (V of 1898)-------S. 195---Contempt of lawful authority of public servants, offences against public justice andrelating to documents given in evidence---Conditions necessary for applicability of S.195,Cr.P.C.---No cognizance could be taken by any court for such offences, except on complaint inwriting of such court where said offences were committed, or some other court to which suchcourt was subordinate---Private person had no authority to file such complaint---Unless therewas a complaint by the Officer of the Court, no court could take cognizance of such offences---Criminal prosecution could be launched, only by the court before which a forged document waspending, or could be launched by a person who had been defrauded as a result thereof and thattoo, much prior to production of that document before the court---Conditions necessary forapplicability of S.195, Cr.P.C., were that offences mentioned in the section must have beencommitted by a party to the proceedings in the court; that such offence should be in respect of adocument produced or given in evidence in such proceedings and that said offence fell underSs.463, 471, 475 or 476, P.P.C.

Summary: Control of Narcotic Substances Act (XXV of 1997)-------Preamble, Ss. 2(k)(s)(za), 9(c) & 16---Drugs Act (XXXI of 1976), Ss.23 & 28---Criminal Procedure Code (V of 1898), S.221---Possessing or trafficking narcotics---Recovery of alcohol, beer and acid---Framing of charge.