HAZRAT BAZ versus POLITICAL AGENT/DISTRICT MAGISTRATE KHYBER AGENCY
Sections 9, 46 and 48 of the Constitution of Pakistan (1973), Article 199 affirming the evidence of the arrest of intoxicants, the setting up of a special court was the reasoning of the applicant / accused lawyer by the political agent in the trial of the accused in the tribal areas. Was. The tribal areas were not established and notified in accordance with the provisions of section 46 of the Narcotic Material Stances Control Act 1997, the petitioner could not be prosecuted by a political agent. And that the whole process and consequently the next high jurisdiction was bound to reject the Council presenting by the political agent approved by the law against the law and the law, on the other hand it claimed. Once the control of narcotic substances was extended to the Federally Administered Tribal Areas under the notification of 16 11 1998, the political agent had the authority to prosecute the applicant / accused, There is no doubt that the Control of Narcotic Substances Act 1997 was extended to the tribal areas, according to the session judge. The Political Agent was also honored for such authority notification, but with a Vergil not formed under the Frontier Crimes Regulation, 1911, as a court established in accordance with the requirements of the Control Section 46 of the Narcotic Substances Act 1997 Can't be treated. In light of the overall scheme of the Act, for the first time, it required the establishment of special courts and then the appointment of meetings as judges or special sessions judges as special judges, after consultation with the chief justice of the High Court courts and thus The special judge who was appointed was to take control
Related judgments — Peshawar High Court NWFP, 2010
