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AMEER GUL versus STATE


Criminal Code of Conduct (CRPC) Section 616161 A Prohibition (Enforcement) Order (Fodder of 1979 1979), Article / Constitution of Pakistan (1973), Article 13 Accused of Terminating Proceedings was done. (Enforcement Head) Order, 1979, for the purpose of possessing heroin in the sessions court and for having marijuana and opium in a magistrate's court, under the same law, although the subsequent offense was imposed on him under section 9 of the Opium Act. Could have been prosecuted under. , 1878 and section 43 of the Sindh Abkari Act, 1878, but Order 4 of 1979 could not be defined as intoxicating substance, which included marijuana and opium, and because the alleged recovery of heroin, marijuana and opium occurred in the same transaction. And at the same time, the magistrate should have been prosecuted in only one case, so the magistrate had already been prosecuted, therefore, in violation of Article 13 of the Constitution of Pakistan, 1973. , And thereby dismissed those proceedings, however, the sessions court was allowed to prosecute the accused.

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