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Criminal Reference No. 189 of 1975, decided on 12th November 1976.

‑‑ Ss. 110, 112 & 117(3) read with S. 561‑A‑Quashment of proceed ings‑Proceedings started against respondent on ground of being a habitual smuggler of narcotics‑Activities not covered by S. 110, Cr. P. C.‑--Order under Ss. 112 & 117(3) passed on same day after examining Police Officer and two witnesses, without affording an opportunity to respondent to cross‑examine such witnesses or to engage a counsel ‑ Proceedings quashed in circumstances. [Quashment of proceedings].

Nooruddin Sirki for the State.

Muhammad Ali Sheikh for Respondent.

Date of hearing : 12th November 1976.

This is a reference by the 6th Additional Sessions Judge, Karachi recommending that an order passed under section 117(3), Cr. P. C. by S. D. M., City Karachi against the respondent may be quashed. The allega tion against the respondent was that lie was a habitual smuggler of narcotics and a dangerous person. The learned S. D. M. passed an order under section 112 against him on 5th August, 1975 and on the same day he passed another order under section 117(3), Cr. P. C. after recording brief statement of the S. H. O. and to other persons. It would appear that the main ground for starting these proceedings against the respondent was that he vas smuggler of narcotics. These activities are not covered by section 110. Cr. P. C. More over, no opportunity appears to have been allowed to the respondent to cross‑examine these witnesses or to effectively defend himself by engaging a counsel. I accordingly accept the reference of the learned Addl. Sessions Judge for the reasons stated by him in his order and quash the entire proceed ings including the order under section 117(z), Cr. P. C.

Reference accepted.

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