| Case ID |
439dc424-eb5c-4d9a-a1eb-be38ef1a40ce |
| Body |
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| Case Number |
Criminal Petition No. 433 of 2015 |
| Decision Date |
Aug 19, 2015 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition filed by Muhammad Adnan alias Dana on the grounds that it was not entertainable until he surrendered to the orders of imprisonment against him. The court reiterated the necessity of surrender as a condition precedent for considering the petition. The court found that the petitioner had not complied with this requirement, as he had slipped away during the announcement of his sentence in the trial court, leading to the issuance of perpetual non-bailable warrants for his arrest. The dismissal was based on the interpretation of the Supreme Court Rules, particularly the provisions of Order XXIII, Rule 8, which mandates that unless surrender is made, the court cannot entertain such petitions seeking relief against imprisonment. |
| Summary |
The case of Muhammad Adnan alias Dana involves complex legal issues surrounding the interpretation of the Control of Narcotic Substances Act, 1997, and the procedural regulations of the Supreme Court of Pakistan. The petitioner, convicted under section 9(b) of the Act, challenged his conviction and sought suspension of his sentence. However, the Supreme Court ruled that his petition could not be considered without his surrender to the outstanding orders of imprisonment. This case highlights the stringent requirements of surrender in criminal proceedings, particularly in contexts involving non-bailable warrants and the implications of the Supreme Court Rules. The ruling emphasizes the importance of compliance with procedural norms in the pursuit of legal remedies. Keywords such as 'narcotic substances', 'Supreme Court', 'legal proceedings', and 'criminal law' are trending in discussions about this case, providing insights into the legal landscape surrounding narcotics legislation and judicial processes in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ASIF SAEED KHAN KHOSA,
EJAZ AFZAL KHAN,
IQBAL HEMEEDUR RAHMAN
|
| Lawyers |
Tariq Mehmood Butt
|
| Petitioners |
MUHAMMAD ADNAN alias DANA
|
| Respondents |
THE STATE
|
| Citations |
2015 SLD 2131,
2015 SCMR 1570,
2016 PLJ 20
|
| Other Citations |
Mazhar Ahmed v. The State (2012 SCMR 997),
Musharaf Khan v. The State (1985 SCMR 900)
|
| Laws Involved |
Control of Narcotic Substances Act, 1997,
Supreme Court Rules, 1980
|
| Sections |
9(b),
O. XXIII, R. 8
|