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1997 P Cr. L J 944

GHAFOOR KHAN vs THE STATE

Citation1997 P Cr. L J 944
CourtSindh High Court
Case No.Criminal Bail Application No,288 of 1996
Date1995-09-25
Judge(s)Hamid Ali Mirza, Ghous Muhammad
ResultOrder accordingly

ORDER

1. ' The order for rejecting the bail application of the applicant was passed by the learned IIIrd Additional Sessions Judge, Dadu as Incharge, Special Judge, Dadu. According to subsection (2), section 43 of the Control of Narcotic Substances Ordinance, 1995 the Federal Government is competent to appoint Sessions Judge/Additional Sessions Judge to be the Special Judge for Narcotics. The learned Assistant Advocate-General, Sindh has placed before us Notification, dated 24-3-1995 issued by the Federal Government under the provisions as mentioned above appointing Sessions Judge, Dadu to be the Special Judge, Narcotic. In this situation the order passed by the learned IIIrd Additional Sessions Judge, Dadu being illegal and unsustainable. Accordingly it is set aside. It is further observed that the bail application of the applicant shall be deemed to be pending and it should be disposed of according to law within two weeks by the learned Sessions Judge, Dadu in his capacity as Special Judge Narcotic. The learned counsel for the applicant suggests that date for hearing may be fixed. Accordingly it is fixed as 13th October, 1996 to be the date of hearing before the learned Sessions Judge/Special Judge, Dadu. Subject to these directions/observations the application is not pressed and it is dismissed.

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