Sheikh RIAZ UD DIN vs THE STATE
This matter arises from an application filed under section 49 of the Control of Narcotic Substances Act, 1997 read with section 526 of the Code of Criminal Procedure 1898, seeking the consolidation and transfer of two criminal cases pending against the applicant in different Special Courts (Narcotics) within Karachi, so that they may be tried by the same court. The core legal question concerned the scope and limitation of the High Court's power to transfer cases between Special Courts established under the Control of Narcotic Substances Act, 1997, particularly whether such transfer is restricted to courts situated within the same district. The Sindh High Court held that the proviso to section 49 of the Control of Narcotic Substances Act, 1997 empowers the High Court to transfer any case at any stage from one Special Court to another in accordance with section 526 of the Code of Criminal Procedure 1898, without being restricted solely to courts within the same district. The High Court laid down the principle that the power of transfer under the statute is governed by the principles of general convenience of the parties and the ends of justice as stipulated in section 526 of the Code of Criminal Procedure 1898.
- Does the High Court have the power to transfer a case from one Special Court to another Special Court situated in different districts under the Control of Narcotic Substances Act 1997?
- Can criminal cases pending in different Special Courts be consolidated for trial for the convenience of the parties and the prosecution?
- What are the statutory conditions governing the transfer of cases under section 49 of the Control of Narcotic Substances Act 1997 read with section 526 of the Code of Criminal Procedure 1898?
- Section 49, Control of Narcotic Substances Act 1997
- Section 526, Code of Criminal Procedure 1898
- Section 526(d), Code of Criminal Procedure 1898
- Section 526(e), Code of Criminal Procedure 1898
ORDER
1. SARMAD JALAL OSMANI, J.---This is an application under section 49 of the .Control of Narcotic Substances Act, 1997 read with section 526, Cr.P.C. For the purpose of consolidation of two cases pending against the applicant/accused under F.I.R. No. 13 of 1998, in the Court of Special Judge (Narcotics), District East, Karachi and F.I.R. No. 15 of 1998, which is pending in the Court of Special Judge (Narcotics), Malir, Karachi.
2. Learned counsel says that all he desires is that both the cases be in the same Court for the purpose of convenience to the applicant as well as the prosecution since most of the witnesses are official witnesses. He further says that this would not only be for the convenience of the parties but would also foster the ends of justice as valuable Court time would be saved.
3. Learned Special Prosecutor for ANF has opposed this application as according to him the provisions of section 49 of the abovementioned Act allow the transfer of one case pending in a particular Court to another Court when the Courts are situated within the same District.
4. We have considered the arguments of both the learned counsel. In our view the proviso to section 49 of the Act very clearly provides that where more than one Special Court is set up by the Federal Government within the territorial jurisdiction of a High Court, the High Court may transfer any case at any stage from one Special Court to another Special Court in accordance with section 526 of the Cr.P.C. In our view this provision of the Act does not fetter the jurisdiction or power of a High Court to transfer cases from one Special. Court to the other except to the extent that such power is to be exercised in accordance with section 526 of the Cr.P.C. Section 526 is also very clear, subsections (d) and (e) of which provides that the power of transfer can be exercised for the general convenience of the' parties and also to meet the ends of justice.