HAJI MUNAWAR HUSSAIN MANJ Versus THE STATE

ORDER

The petitioner seeks transfer of criminal case F.I.R. No.14/95, dated 14-4-1995 registered with Police Station P.N.C.B., Model Town, Lahore, from the Court of Rao Hamid Mukhtar Khan learned Additional Sessions Judge, Lahore to the Court of learned Sessions Judge, Sheikhupura.

2. The said case has been registered under Article 3/4 of Prohibition (Enforcement of Hadd) Order and section 9 of the Control of Narcotic Substances Ordinance, 1995 which is a special law. There is only one Police Station known as P.N.C.B. situated at Model Town, Lahore, where F.I.Rs regarding commission of offence under the said Ordinance are to be registered and investigated accordingly. According to the F.I.R. the offence took place within the territorial limits of District Sheikhupura. The Provincial Government in exercise of powers conferred by subsection (2) of section 43 of the Control of Narcotic Substances Ordinance, 1995 and in consultation with the Chief Justice of this Court appointed District and Sessions Judges in Punjab to be the Special Courts with their headquarters to exercise jurisdiction under the said Ordinance. Sessions Judge, Sheikhupura, therefore, is the Special Court for trying offence under this Ordinance, the commission of which took place within the territorial limits of District Sheikhupura as indicated in column No.4 of the said Notification.

3. The prosecution, however, instead of submitting the challan to the Court of learned Sessions Judge, Sheikhupura submitted the same to the Court of learned Sessions Judge, Lahore, for trial. The petitioner raised objection to the jurisdiction of the said Court by making an application praying that the challan should be returned to the prosecution for presentation before the competent Court i.e. learned Sessions Judge, Sheikhupura. This application was, however, not decided on merits as admitted by learned counsel for the respondent whereas the learned Sessions Judge, Lahore, otherwise expressed his desire not to hear the case for personal reasons and sent the record to this Court on which learned Chief Justice of this Court passed an order for the transfer of the case from his Court to the Court of Rao Hamid Mukhtar Khan learned Additional Sessions Judge, Lahore, who through modification in the earlier notification was also made the Special Court in addition to the learned Sessions Judge, Lahore, where it is now pending.

4. Learned Deputy Attorney-General has submitted that according to the statements of the prosecution witnesses payment of an amount of Rs.8,00,000 and another amount of Rs.50,000 in respect of the transaction was made at Begum Kot District Lahore, therefore, a part of the offence having taken place in District Lahore, as such, Special Court at Lahore is also vested with the jurisdiction to hold the trial of the petitioner by virtue of sections 182 and 526, Cr.P.C. He also argued that the petitioner being resident of Sheikhupura may not exert his influence and in view of his political position there is likelihood of law and order situation if the trial of the case takes place at Sheikhupura.

5. No written reply of this application has been filed by the respondent, therefore, the argument that there may be law and order situation appears to be an afterthought and raised just for the sake of objection even otherwise in the circumstances of this case I am not inclined to accept this as the State is responsible to maintain law and order situation and on this ground no concession can be shown to the prosecution particularly when there is no material to support this contention.

6. There are as many as eight public witnesses who belong to Sheikhupura. The official witnesses are from Lahore due to the reason that there', is only one police station throughout the Punjab which has to deal with such cases. The offence according to the F.I.R. took place within the territorial limits of Sheikhupura and even if the payment as alleged was made at Lahore I would in exercise of powers under section 526, Cr.P.C. hold that it is in the interest of justice as also the convenience of the witnesses that the case should be tried at Sheikhupura where according to the said notification through which the Courts have been created should have been tried and the prosecution cannot be given free hand to choose the Courts for prosecution of the criminal cases against the express provision of the notification.

7. For the foregoing reasons this application is accepted. The trial of the case F.LR. No.14/95 is hereby withdrawn from the Court of Rao Hamid Mukhtar Khan, learned Additional Sessions Judge, Lahore and the same transferred to the Court of learned Sessions Judge, Sheikhupura for trial.

H.B.T./M-202/L Application accepted