| Case ID |
d73bf1c2-f470-4304-ad8e-95d52bcaf51a |
| Body |
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| Case Number |
Criminal Appeal No. 127 of 1977 |
| Decision Date |
Sep 19, 1979 |
| Hearing Date |
Sep 19, 1979 |
| Decision |
The Lahore High Court found that the Drug Court constituted under the Drugs Act, 1976 had no jurisdiction to try the appellant for an offence committed under the repealed Drugs Act, 1940. The court emphasized that the appellant could not be estopped from raising the issue of jurisdiction, as the proceedings were criminal in nature. The court ruled that the complaint against the appellant was lodged after the repeal of the Drugs Act, 1940, and thus the new law could not be applied retrospectively. Consequently, the court set aside the conviction and sentence imposed by the trial court, acquitting the appellant. |
| Summary |
In the case of Muhammad Ali vs. The State, the Lahore High Court addressed the jurisdiction of the Drug Court under the Drugs Act, 1976, regarding offences committed under the repealed Drugs Act, 1940. The appellant, Muhammad Ali, was convicted by the Drug Court for selling a sub-standard drug. However, the court found that the complaint was lodged after the repeal of the 1940 Act and that the new Act did not have retrospective effect. This decision highlights critical aspects of jurisdiction in criminal proceedings and the implications of legislative changes on ongoing cases. It underscores the principle that existing rights and liabilities under repealed laws must be protected, aligning with the General Clauses Act. The ruling serves as a precedent for future cases involving jurisdiction and the applicability of new laws to past actions. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
GHULANI MUJADDID MIRZA,
MANZOOR HUSSAIN SIAL
|
| Lawyers |
Wusim Sajjad,
Major Ihsan Lodhi,
Afaz-ud-Din
|
| Petitioners |
MUHAMMAD ALI
|
| Respondents |
THE STATE
|
| Citations |
1980 SLD 603,
1980 PLD 195
|
| Other Citations |
P L D 1967 S C 314,
P L D 1969 Quetta 24,
1895 A C 425,
P L D 1954 P C 22,
A I R 1943 All. 26,
P L D 1969 Pesh. 62
|
| Laws Involved |
Drugs Act (XXVIII of 1940),
Drugs Act (XXXI of 1976),
General Clauses Act (X of 1897)
|
| Sections |
18(1),
27,
18,
6(e)
|