| Case ID |
36fccbbe-eaa0-43d5-87b1-588d0aa78d75 |
| Body |
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| Case Number |
Civil Petition No. 1046-L of 1997 |
| Decision Date |
Oct 21, 1997 |
| Hearing Date |
Oct 21, 1997 |
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal against the order of the Lahore High Court which had previously dismissed a habeas corpus writ petition filed by Mrs. Mahmood Hassan. The court found that the appropriate course of action for the petitioner would be to pursue remedies under the Criminal Procedure Code and the Control of Narcotic Substances Act. The court determined that the case against the detenu, Mahmood Hassan, involved substantive law with a challan presented against him, and there was no merit for interference in the High Court's order. Consequently, the petition was dismissed and leave to appeal was refused. |
| Summary |
This case revolves around the arrest and detention of Mahmood Hassan under the Control of Narcotic Substances Act after being accused of smuggling a significant quantity of hashish. The legal proceedings began when his wife, Mrs. Mahmood Hassan, filed a habeas corpus petition challenging the legality of his detention. The Lahore High Court dismissed the initial writ petition, which prompted the appeal to the Supreme Court. The Supreme Court, after reviewing the arguments presented by the petitioner's advocate and the Deputy Attorney-General, found that the legal framework provided sufficient grounds for the detenu's continued detention. The decision emphasized the importance of following the legal remedies available under the Criminal Procedure Code and relevant narcotics laws. The case underscores the procedural complexities involved in narcotics-related legal proceedings and highlights the judicial assessment of habeas corpus petitions in light of existing substantive law. In conclusion, the Supreme Court's ruling reinforces the necessity for due process and adherence to legal protocols in cases involving narcotics offenses. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
AJMAL MIAN,
FAZAL ILAHI KHAN,
NASIR ASLAM ZAHID
|
| Lawyers |
Mian Abdus Sattar Najam,
Mahmood-ul-Islam,
Sh. Anwarul Haq
|
| Petitioners |
Mrs. MAHMOOD HASSAN
|
| Respondents |
others,
Ch. MUHAMMAD ISMAIL
|
| Citations |
1998 SLD 1252,
1998 SCMR 335
|
| Other Citations |
Not available
|
| Laws Involved |
Control of Narcotic Substances Act,
Criminal Procedure Code,
Constitution of Pakistan
|
| Sections |
49(3),
61,
62,
167,
173,
354,
185(3)
|