Kamal Law Associates

12/02/2026

02/01/2023

9 C of CNSA
Sample from all rods/packets were not taken. bail allowed.
2015 S.C.M.R 735
2015 S.C.M.R 308, 291 & 279
P.L.D 2012 S.C 38 (Ameer Zaib Case)
S.C.M.R 2010 1162
2016 S.C.M.R 908, 806 & 707
3013 S.C.M.R 302

Latest Bail citation on 9c bail was allowed on delay in sending samples
Criminal Procedure Code (V of 1898)---
----S. 497---Control of Narcotic Substances Act (XXV of 1997), Ss. 9(b) & 9(c)---Control of Narcotic Substances (Government Analysts) Rules, 2001, R. 4(2)---Possession, import and export, trafficking or financing trafficking of narcotic drugs, etc.---Bail, grant of---Delay in sending samples of narcotics for chemical analysis---Quantity of recovered narcotics falling under borderline cases---Samples of the recovered contraband substances had been sent for chemical analysis with delay of seven days---Lapse on part of the police in sending the contraband substance for chemical analysis within the stipulated period, had made the case of the accused that of further inquiry---Quantity of narcotic substances allegedly recovered from the accused exceeded the borderline case falling between the offence under Ss. 9(b) & 9(c) of Control of Narcotic Substances, Act, 1997---All prosecution witnesses were police officials; hence, there was no chance of the accused tampering with the evidence---Accused had been behind bars for four and half months, and no prosecution witnesses had been examined so far--- Bail application was allowed accordingly.
Inayat Ullah v. The State 2006 PCr.LJ 840; Dilla Baz Khan v. The State 2008 PCr.LJ 1437; Ghulam Abbas v. The State 2011 YLR 1723; Asif Ali v. The State 2013 YLR 1241 and Sherin Muhammad v. The State 2006 PCr.LJ 726 rel.
Mahboob Ali v. The State 2007 YLR 2968 ref.
Wazir v. The State 2003 YLR 1163; Waris Ali v. The State 2006 PCr.LJ 1745; Hanook Babar Masih v. The State 2007 YLR 3105; Muhammad Javed v. The State 2009 PCr.LJ 1427 and The State v. Abul Ghanni 2010 SCMR 61 distinguished.
2016 P Cr. L J 1315
[Islamabad]
Before Aamer Farooq and Miangul Hassan Aurangzeb, JJ
MUHAMMAD SHAFIQUE---Petitioner
Versus
The STATE---Respondent

Regards : adv zahida kamal alvi AHC

01/01/2023

05/11/2021

Sirmaya.com is striving to educate its valued users regarding property issues. We believe in facilitating the users to have the basic knowledge of property matters. Here is something you need to know

05/11/2021

Stages of a Criminal Case
Criminal prosecution develops in a series of stages, beginning with an arrest and ending at a point before, during or after trial. The majority of criminal cases terminate when a criminal defendant accepts a plea bargain offered by the prosecution. In a plea bargain, the defendant chooses to plead guilty before trial to the charged offenses, or to lesser charges in exchange for a more lenient sentence or the dismissal of related charges.

Arrest
Criminal prosecution typically begins with an arrest by a police officer. A police officer may arrest a person if (1) the officer observes the person committing a crime; (2) the officer has probable cause to believe that a crime has been committed by that person; or (3) the officer makes the arrest under the authority of a valid arrest warrant. After the arrest, the police books the suspect. When the police complete the booking process, they place the suspect in custody. If the suspect commited a minor offense, the policy may issue a citation to the suspect with instructions to appear in court at a later date.

Bail
If a suspect in police custody is granted bail, the suspect may pay the bail amount in exchange for a release. Release on bail is contingent on the suspect's promise to appear at all scheduled court proceedings. Bail may be granted to a suspect immediately after booking or at a later bail review hearing. Alternatively, a suspect may be released on his "own recognizance." A suspect released on his own recognizance need not post bail, but must promise in writing to appear at all scheduled court appearances. Own recognizance release is granted after the court considers the seriousness of the offense, and the suspect's criminal record, threat to the community and ties to family and employment.

Arraignment
The suspect makes his first court appearance at the arraignment. During arraignment, the judge reads the charges filed against the defendant in the complaint and the defendant chooses to plead "guilty," "not guilty" or "no contest" to those charges. The judge will also review the defendant's bail and set dates for future proceedings.

Preliminary Hearing or Grand Jury Proceedings
The government generally brings criminal charges in one of two ways: by a "bill of information" secured by a preliminary hearing or by grand jury indictment. In the federal system, cases must be brought by indictment. States, however, are free to use either process. Both preliminary hearings and grand juries are used to establish the existence of probable cause. If there is no finding of probable cause, a defendant will not be forced to stand trial.

A preliminary hearing, or preliminary examination, is an adversarial proceeding in which counsel questions witnesses and both parties makes arguments. The judge then makes the ultimate finding of probable cause. The grand jury, on the other hand, hears only from the prosecutor. The grand jury may call their own witnesses and request that further investigations be performed. The grand jury then decides whether sufficient evidence has been presented to indict the defendant.

Pre-Trial Motions
Pre-trial motions are brought by both the prosecution and the defense in order to resolve final issues and establish what evidence and testimony will be admissible at trial.

Trial
At trial, the judge or the jury will either find the defendant guilty or not guilty. The prosecution bears the burden of proof in a criminal trial. Thus, the prosecutor must prove beyond a reasonable doubt that the defendant committed the crimes charged. The defendant has a constitutional right to a jury trial in most criminal matters. A jury or judge makes the final determination of guilt or innocence after listening to opening and closing statements, examination and cross-examination of witnesses and jury instructions. If the jury fails to reach a unanimous verdict, the judge may declare a mistrial, and the case will either be dismissed or a new jury will be chosen. If a judge or jury finds the defendant guilty, the court will sentence the defendant.

Sentencing
During the sentencing phase of a criminal case, the court determines the appropriate punishment for the convicted defendant. In determining a suitable sentence, the court will consider a number of factors, including the nature and severity of the crime, the defendant's criminal history, the defendant's personal circumstances and the degree of remorse felt by the defendant.

Appeal
An individual convicted of a crime may ask that his or her case be reviewed by a higher court. If that court finds an error in the case or the sentence imposed, the court may reverse the conviction or find that the case should be re-tried.

05/11/2021

Important Question/Answers
of CRIMINAL PROCEDURE CODE for Interview of Civil Judge and any Judicial Post.

01. Weather magistrate has power to pass order for registration of FIR ?
Ans yes magistrate is empowered under section 156 (3) crpc can direct the SHO to register the FIR.

02. What is the provision for supply of documents weather it mandatory or discretion of court.
Ans. Supply of documents provisions in magistrate trial 241-c & 265-c is Sessions Trial and it is mandatory.

03. Define Charge & its Stages? Can a person charged with one offence be convicted of another offence if so?, when ?Alteration and modification charge?
A. A charge is the precise formulation of specific accusation made against the person. The object of the charge is to enable the accused the know the particular accusation made against him in order to meet and to be ready for them before evidences given as to make him able to meet his defence.
B. Particulars of the charge:
01. Specific name of the offence
02. Law or section of the law with which the offence is alleged have been committed
03. Time and place of the offence and the person against whom or the thing it was committed.
04. Data of the previous conviction for which punishment shall be enhanced.
C. The general rule is that accused cannot be convicted of an offence which he was not charged. The cased in which a person is charged of one offence still he can be convicted of another offences or exception to this general rule. These exceptions are provided in sections 237 and 238 of CrPC.
D. Police cannot amend the charge on their own and submit challan under without the approval of prosecution department. (1991 PCR LJ 723)

04. Can a person be charged in multiple cases?
A. Yes. General rule is that for every distinct offence of which any person is accused there shall be a separate charge; every such charge shall be tried separately.
The separate charge for distinct offences: mentioned section 233

02/11/2021

02/11/2021

Limitation period for Appeal in Criminal Cases?

1. In capital punishment, 7 days._

2. From Magistrate to Sessions Court, 30 days._

3. From Sessions Court to High Court, 60 days._

4. From High Court to Supreme Court, 30 days._

5. From High Court to Supreme Court in special Leave to Appeal, 30 days._

6. From Magistrate to High Court in acquittal in Challan Case is 30 days and in Complaint Case 60 days._

7. From Sessions Court to High Court in acquittal in Challan Case is 30 days and in Complaint Case 60 days._

8. From High Court when case decide by it in its original jurisdiction and to Division Bench than 20 days in acquittal or conviction as the case may._

01/11/2021

*Different Type Case Laws on
SUPERDARI

Pro and Contra Grounds in Superdari
یہ کی سائل نے تمام اقساط اداکرکے موٹرسائیکل کو خریدا، جس کی رسید بھی حاصل کی۔
That motorcycle was purchased by him after paying full installments to the leasing company, which had issued a certificate in his favour; [2012-YLR-2718]
یہ کہ موٹرسائیکل سائل کے نام درج شدہ ہے ۔
That motorcycle was registered in his name; [2012-YLR-2718]
یہ کہ سائل کے نام درج شدہ مقدمہ کاتصفیہ کردیاگیاہے۔
That FIR against the accused was disposed of for the reason [2012-YLR-2718]
یہ کہ فریقین کےدرمیان تنازعہ دیوانی نوعیت کاہے؛
That dispute between the parties was of civil nature [2012-YLR-2718]
یہ کہ ٹرائل کورٹ نے برآمدگی کی جگہ کو چارج شیٹ میں حذف کردیاہے چنانچہ چارج شیٹ درست نہیں۔
That Trial Court omitted to specify the place of recovery in charge-sheet as such charge-sheet was defective; [2006-MLD-1546]
یہ کہ استغاثہ برآمدگی کی جگہ کی نشاندہی کرنے سے قاصرہے ؛
That prosecution failed to specify place of recovery in its evidence [2006-MLD-1546]
یہ کہ کیس پراپرٹی کو عدالت کے روبروپیش نہیں کیاگیاہے۔
That the case property was not produced before Trial Court; [2006-MLD-1546]
یہ کہ کیمیائی تجزیہ کی رپورٹ درست نہ ہے اور اسے اس کے خلاف استعمال نہیں کیاجاسکتاہے۔
That Chemical Examiner's report was vague and could not be used as an incriminating piece of evidence against accused. [2006-MLD-1546]
یہ کہ چرس کو تلف کرنے سے قبل اس کو نوٹس جاری نہیں کیاگیاہے۔
That notice was not issued to him before destruction of contraband Charas [2006-PCrLJ-316]
یہ کہ چرس کو مجسٹریٹ کے حکم نامہ سے تلف کیاگیاہے نہ کہ خصوصی جج کی طرف سے جاری کردہ ہدایت کے مطابق؛
That seized Charas was destroyed by the order of Magistrate and not on the direction of Special Judge [2006-PCrLJ-316]
یہ کہ سائل پولیس کے ساتھ تعاون نہیں کررہاہے اور ڈرائیورں کے نام اور پتے بتانےسے قاصرہے۔
That applicant did not co-operate with the police and had not supplied names and addresses of the drivers of the vehicles; [2008-MLD-1491]
یہ کہ سواری کیس پراپرٹی ہے؛
That vehicle was the case property; [2008-MLD-1491]
یہ کہ ملزمان رپوش ہیں؛
That accused persons were absconding [2008-MLD-1491]
یہ کہ سواری ایک انتہائی اہم شہادت ہے
That the vehicles were the material piece of evidence in the hands of the prosecution, [2008-MLD-1491]
یہ کہ اگر سواری کو ریلیز کردیاگیا تو استغاثہ کے مقدمہ کو نقصان ہوسکتاہے۔
That if vehicles were released, the prosecution's case would be hampered. [2008-MLD-1491]
یہ کہ سواری کو ڈرائیور کے حوالہ کیاگیاتھا، تاکہ وہ اسے نجی ٹیکسی کےطور پر چلاتا، جبکہ سواری کے غلط استعمال کو سائل ذمہ دارنہیں؛
That he had given the vehicle to his driver (accused) for running the same as a private taxi, therefore, it was no fault on part of the applicant if vehicle had been misused; [2012-MLD-1543]
یہ کہ سواری سائل کی کفالت کا واحد سہاراہے؛
That the vehicle was his only source of income, [2012-MLD-1543]
یہ کہ سواری تھانہ کے اندرکھلی جگہ پر کھڑی ہے اور اس کے کچھ پرزہ جات کو پولیس نے نکال لیاہے؛
That vehicle was lying in the police station and some of its parts had been removed by police officials. [2012-MLD-1543]
یہ کہ اس نے بینک سے قرضہ حاصل کرکے بس کو خریداتھا؛
That he had purchased the bus on lease from a bank on finance facility; [2013-YLR-1626]
یہ کہ اس نے اکثراقساط بینک کوواپس بھی کردیں ہیں؛
That he had paid 55 lease installments out of a total of 60; [2013-YLR-1626]
یہ کہ بس عوام الناس کی سواری کے طور پر استعمال ہوتی ہے؛
That the bus was being used for public transport and not for carriage of narcotics as recovery had not been made from any secret cavity but from a box underneath the driver's seat; [2013-YLR-1626]
یہ کہ بس کا ڈرائیور ذمہ دار ہے؛
That driver of bus was exclusively responsible for the illegal act; [2013-YLR-1626]
یہ کہ مالک بس میں موجود نہ تھا؛
That he (owner) was neither present in the bus nor could be tagged with the alleged recovery. [2013-YLR-1626]
یہ کہ بس تھانہ میں کھڑی دن بہ دن خراب ہورہی ہے۔
That bus was parked in the police station, where it was deteriorating day by day. [2013-YLR-1626]

28/10/2021

All worthy members of karachi bar association .. Kindly vote and support zahoor mehsood as the candidate of president kba 2021-2022..jazakAllah