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NAWAB DIN versus THE STATE


Prohibition (Enforcement) Order 1979 Ordinance to Control Narcotic Substances 3 and 4 (VI 1995), Section 9 (c) Constitution of Pakistan (1973), Article 12 Criminal Procedure Code (V9 1898), Section 555 Trial. The magistrate's jurisdiction was sent to the Magistrate of Magistrate Section 30 for trial on charges of possessing / smuggling more than one kilogram of heroin, however, it has been alleged that Is subject to section 9 (c). The Control of the Narcotic Sub-Metal Ordinance, 1995, which provides for the death penalty, transferred the cases to the Sessions Judge / Special Judge who charged the accused under Article 9 (c) of the said ordinance, the accused allegedly. The offense committed under Article 3/4 of the Prohibition (Enforcement Head) Order 1979 before the enactment of the Anti-Drugs Ordinance 1995 was not carried out under the said ordinance, which had no previous effect and Article 12 of the Constitution of Pakistan (1973) provides protection that provides that no one can be punished for any act which Committed when there was no crime or more than or different from the penalty. When the offense was proved, the trial magistrate's order was transferred to the sessions court / special court for transfer of the accused cases, as well as the action to be taken by the sessions court / special court by law. Was given. In order to be unclean in the eyes of the law, the cases were directed to be returned to the trial magistrate for trial by law.

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