Latest Judgments

Newly reported judgments from the Supreme Court of Pakistan, the High Courts and tribunals, added as they are processed — free, full text, updated daily. Judgments marked NEW were added in the most recent update. 79,348 judgments in total from the Lahore High Court.

• Hassan Jawed and another vs Punjab Education Foundation and 42018 PLC (C.S.) 580 · Lahore High Court · 2017-11-30
  contractual employmentwrit jurisdictionstatutory rulestermination of serviceregularizationmaster and servant principlePunjab Education Foundation
  Summary & questions settled

  These writ petitions challenge the termination of service contracts of employees of the Punjab Education Foundation (PEF). The core legal questions concern the maintainability of constitutional petitions against the PEF, whether the termination violated the Punjab Education Foundation Act, 2004 or the Punjab Education Foundation (Contract Appointment) Rules, 2005, and whether the petitioners were entitled to regularization or a right of hearing prior to dismissal. The Court held that while the PEF's rules are statutory, the petitioners were employed on a purely contractual basis. The Court found that the termination was conducted in accordance with the terms of the employment contracts, which permitted termination upon one month's notice or salary in lieu thereof. As the termination was non-stigmatized and based on the expiry of contracts rather than misconduct, no prior hearing was required. The Court established that contract employees have no vested right to regularization or automatic extension, and in the absence of statutory violations, the principle of master and servant applies, rendering the petitions non-maintainable. Consequently, the petitions were dismissed.

  Questions settled

  • Are writ petitions maintainable against the Punjab Education Foundation regarding service matters?
  • Does the termination of a contract employee without allegations of misconduct require a prior opportunity of hearing?
  • Do contract employees of the Punjab Education Foundation have a vested right to regularization or extension of their contracts?
  • Is the termination of a contract employee in accordance with the terms of their contract valid under the Punjab Education Foundation (Contract Appointment) Rules, 2005?
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• Hassan Javed and another vs Punjab Education Foundation and 42018 PLJ Lahore 303 · Lahore High CourtRead full judgment →
• Hascol Petroleum Limited vs Rent Registrar_Urban Sub-Registrar, Sialkot and another2018 PLD Lahore 713 · Lahore High Court · 2018-05-08Read full judgment →
• Hascol Petroleum Limited vs Rent Registrar/Urban Sub Registrar, Sialkot2018 PLD Lahore 713, 2018 PLJ Lahore 1032, 2018 LHC 896 · Lahore High Court · 2018-05-08Read full judgment →
• Haroon Rashid vs Additional District Judge and others2018 MLD 1793 · Lahore High Court · 2018-05-02Read full judgment →
• Haq Nawaz vs Ministry of Information and Technology and others2018 CLC 28 · Lahore High Court · 2017-09-25Read full judgment →
• Hamid Mustafa vs University of Veterinary and Animal Sciences and 62018 PLC (C.S.) 1082 · Lahore High Court · 2018-02-28
  disciplinary proceedingsPEEDA Actright to cross-examinationnatural justicewrongful dismissalreinstatementadministrative negligence
  Summary & questions settled

  This constitutional petition challenges the dismissal of the Petitioner, a PhD scholar and lecturer at the University of Veterinary and Animal Sciences, following allegations of providing fake email addresses for external thesis examiners. The core legal questions concern whether the Petitioner was responsible for administrative errors in the examiner selection process, whether the disciplinary inquiry violated the mandatory procedures of the Punjab Employees Efficiency, Discipline and Accountability Act, 2006, and whether the Petitioner was denied the right to cross-examine witnesses. The Court held that the responsibility for selecting examiners lay with the University administration, not the Petitioner, and that the inquiry proceedings were fundamentally flawed due to the denial of the right to cross-examine witnesses and the reliance on a disputed confessional statement not confronted during the inquiry. Consequently, the Court set aside the dismissal orders, directing the Petitioner's reinstatement. The judgment reaffirms the principle that disciplinary proceedings must strictly adhere to statutory procedural requirements, including the right to cross-examination, and that no employee should suffer for the omissions of government functionaries.

  Questions settled

  • Can a disciplinary inquiry be sustained if the accused is denied the right to cross-examine witnesses as required by the Punjab Employees Efficiency, Discipline and Accountability Act, 2006?
  • Is a confessional statement valid in disciplinary proceedings if it was not confronted to the accused during the regular inquiry?
  • Can an employee be held liable for administrative errors committed by university officials in the selection of thesis examiners?
  • Does a preliminary inquiry constitute sufficient evidence for a final order of dismissal in disciplinary proceedings?
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• Haji Muhammad Yasin vs The State and another2018 YLR 908 · Lahore High Court · 2017-07-14
  post-arrest bailtax refund scamembezzlementrestitution of amountprohibitory clause
  Summary & questions settled

  This is a post-arrest bail petition filed by the petitioner Haji Muhammad Yasin facing trial in a case concerning a tax refund scam involving fake refund vouchers, forged electricity bills, and illegal financial transactions under sections 419, 420, 468, 471, 409, 109 of the Pakistan Penal Code 1860 read with section 5(2) of the Prevention of Corruption Act 1947. The core legal question revolves around whether a private person accused of receiving and withdrawing allegedly ill-gotten funds through their bank account is entitled to post-arrest bail when the principal liability has been deposited. The Lahore High Court held that since the petitioner was a private person, the applicability of section 409 of the Pakistan Penal Code 1860 was questionable, the remaining offenses fell outside the prohibitory clause, and the full amount attributed to him had already been deposited, further incarceration would amount to pre-mature punishment. The court laid down the principle that post-arrest bail should be granted as a rule in offenses not falling within the prohibitory clause, particularly where the financial loss to the exchequer has been fully restituted.

  Questions settled

  • Is a private person alleged to have received ill-gotten funds in their bank account entitled to post-arrest bail when the disputed amount has been deposited back?
  • Does an offense under section 409 of the Pakistan Penal Code 1860 apply prima facie to a private individual who is not a public servant?
  • Whether continued incarceration of an under-trial prisoner can be used as a tool for pre-mature punishment when the financial loss has been satisfied?
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• Haji Muhammad Akram vs The State and another2018 YLR 1226 · Lahore High Court · 2017-08-29
  post-arrest bailmedical grounds for bailstatutory bailtrial delayprohibitory clausecommon intention
  Summary & questions settled

  The petitioner sought post-arrest bail in a criminal case registered under Sections 324, 336, 337 A(i), 379, and 34 of the Pakistan Penal Code 1860, following the dismissal of his previous bail application. The core legal questions were whether the petitioner was entitled to bail on medical grounds due to Ischemic Heart Disease and Diabetes Mellitus, and whether he qualified for statutory bail despite delays in the trial. The Court held that bail on medical grounds is not warranted when the accused's condition is treatable within the jail facility and does not pose an immediate threat to life. Regarding statutory bail, the Court held that an accused cannot claim the benefit of the statutory period if they have actively contributed to trial delays through repeated requests for adjournments. The key principles laid down are that medical bail requires evidence that the jail environment cannot adequately manage the patient's condition or that the detention is life-threatening, and that statutory bail may be refused where the accused is responsible for prolonging the trial proceedings.

  Questions settled

  • Can an accused be granted bail on medical grounds if the condition is treatable within the jail hospital?
  • Does an accused qualify for statutory bail if they are responsible for delays in the trial proceedings?
  • Is bail on medical grounds permissible when the accused's condition is not life-threatening or contagious?
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• Haji Karam Hussain etc vs Federal Land Commission etc2018 YLR 1894, 2019 [M] C.L.R. 1440, 2018 YLR 1894, 2018 LHC 1586 · Lahore High Court · 2018-05-30Read full judgment →
• Haji Karam Hussain and 10 others vs Federal Land Commission, Islamabad through Chairman and 13 others2018 YLR 1894 · Lahore High Court · 2018-05-30Read full judgment →
• Haji Ahmad Khan and another vs Province of the Punjab and 5 others2018 PLC (C.S.) 36 · Lahore High Court · 2017-09-05
  Intra Court Appealalternate remedyconstitutional petitionPunjab Ombudsman ActLaw Reforms Ordinancerepresentationmaintainability
  Summary & questions settled

  This Intra Court Appeal challenges the order of a learned Single Judge dismissing the Appellants' constitutional petition against inquiry proceedings initiated against them under the Punjab Employees Efficiency, Discipline and Accountability Act, 2006. The core legal questions involved whether a constitutional petition is maintainable when an adequate alternate remedy exists, and whether an Intra Court Appeal is barred under Section 3 of the Law Reforms Ordinance, 1972 where a statutory representation lies to a higher forum. The Lahore High Court held that the remedy of representation provided under Section 32 of the Punjab Ombudsman Act, 1997 partakes of the nature of an appeal and constitutes an efficacious alternate remedy, thereby barring both the constitutional petition and the consequent Intra Court Appeal. The court laid down the principle that the availability of an alternate statutory remedy precludes the invocation of constitutional jurisdiction, and that a representation before the Governor functions as an appellate remedy for the purposes of the bar contained in the Law Reforms Ordinance, 1972.

  Questions settled

  • Whether a constitutional petition is maintainable when an adequate alternate remedy is provided under the law?
  • Does the remedy of representation under Section 32 of the Punjab Ombudsman Act, 1997 qualify as an appeal for the purposes of barring an Intra Court Appeal?
  • Whether an Intra Court Appeal is barred under the proviso to subsection (2) of Section 3 of the Law Reforms Ordinance, 1972 when a statutory remedy of appeal, revision, or review is available?
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• Haider Abbas Bhindar vs DPO, etc.PLJ 2019 Cr.C. 65, 2018 LHC 676 · Lahore High Court · 2018-04-12
  habeas corpusillegal detentionrestitution of conjugal rightsparental custodySection 491 Cr.P.C.family court jurisdictionmarriage without consent
  Summary & questions settled

  The petitioner filed a petition under Section 491, Code of Criminal Procedure 1898, seeking the recovery of his wife, Mst. Naila Shahzadi, alleging she was forcibly abducted by her parents and relatives following their marriage. The petitioner claimed the abduction occurred due to the parents' disapproval of the marriage. The Court observed a recurring trend of couples entering into marriages without parental consent, subsequently filing petitions to use the Court as a mechanism for 'Rukhsati'. The Court held that no evidence supported the claim of forcible abduction, noting the absence of witnesses or corroborating communication records. Relying on established precedents, the Court affirmed that a parent's restraint on a child, out of concern for their welfare or disapproval of conduct, does not constitute illegal or improper detention unless it is patently cruel or unjust. Consequently, the Court dismissed the petition, ruling that the custody of the wife with her parents was not illegal. The Court directed the petitioner to pursue appropriate remedies, such as a suit for restitution of conjugal rights, before the competent Family Court.

  Questions settled

  • Does a parent's restraint on a child out of concern for their welfare constitute illegal or improper detention under Section 491, Code of Criminal Procedure 1898?
  • Can the High Court's jurisdiction under Section 491, Code of Criminal Procedure 1898, be invoked to facilitate the 'Rukhsati' of a wife from her parents' custody?
  • Is a suit for restitution of conjugal rights the appropriate legal remedy for a husband seeking custody of his wife held by her parents?
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• Haider Abbas Bhindar vs District Police Officer, Sheikhupura and 52018 MLD 1386 · Lahore High Court · 2018-04-12
  habeas corpusillegal detentioncustody of wiferestitution of conjugal rightsmarriage without parental consentsection 491 cr.p.c.
  Summary & questions settled

  This matter involves a habeas corpus petition filed under Section 491 of the Code of Criminal Procedure 1898 by the petitioner seeking the custody of his wife, alleging she was forcibly abducted by her family members after contracting a marriage without parental consent. The core legal question was whether the custody of an adult woman with her parents under such circumstances constitutes illegal or improper detention warranting interference through habeas corpus jurisdiction. The Lahore High Court dismissed the petition, holding that the custody of a daughter by her parents out of disapproval of an unapproved marriage does not amount to illegal detention unless it is patently unjust, cruel, or not in her best interest. The court established that habeas corpus proceedings cannot be utilized merely to effect a Rukhsati or substitute for matrimonial remedies, and that the appropriate forum for the aggrieved husband is to file a suit for restitution of conjugal rights before the Family Court.

  Questions settled

  • Whether the custody of a major daughter by her parents due to disapproval of her marriage constitutes illegal or improper detention under Section 491 of the Code of Criminal Procedure 1898?
  • Can habeas corpus jurisdiction under Section 491 of the Code of Criminal Procedure 1898 be invoked by a husband to effect a Rukhsati?
  • Is a suit for restitution of conjugal rights before the Family Court the appropriate remedy for a husband seeking the company of his wife residing with her parents?
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• Hafiz Muhammad Saif Ullah vs DSP etc2019 P Cr. L J 1070, 2018 LHC 2589 · Lahore High Court · 2018-11-20
  constitutional petitionpreventive actionbreach of the peacequashing of proceedingspolice powersalternative remedy
  Summary & questions settled

  The petitioner filed a constitutional petition seeking to declare illegal and quash proceedings initiated by the police under Section 107/150 of the Code of Criminal Procedure 1898 and an agreement written by a Vasiqa Navees, along with a direction restraining interference in the affairs of a mosque. The core legal question was whether police proceedings under preventive sections and private agreements can be challenged and quashed through a constitutional petition under the Constitution of Pakistan. The Lahore High Court held that the police are legally empowered to act under Sections 107, 150, and 151 of the Code of Criminal Procedure 1898 for the prevention of offences and maintenance of peace, and that grievances against such proceedings must be contested before the Area Magistrate rather than via a constitutional petition. Furthermore, disputes regarding the legality of a document or agreement must be pursued through a civil court. The court laid down the principle that extraordinary constitutional jurisdiction cannot be invoked to quash statutory preventive police proceedings or to invalidate private documents where alternative adequate remedies are available before the concerned Magistrate or Civil Court.

  Questions settled

  • Whether proceedings initiated by the police under Section 107/150 of the Code of Criminal Procedure 1898 can be quashed through a constitutional petition?
  • Does the police have the legal authority to act under Sections 107, 150, and 151 of the Code of Criminal Procedure 1898 for the prevention of offences?
  • Is a constitutional petition an appropriate forum to challenge the legality of an agreement prepared by a Vasiqa Navees?
  • Where should a petitioner contest grievances arising from preventive police proceedings under the Code of Criminal Procedure 1898?
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• Hafiz Muhammad Akbar Shakir vs DCO/Chairman District Recruitment2019 [M] C.L.R. 1022, 2019 KLR Labour & Service Case 161, 2018 PLJ Lahore 1163 · Lahore High CourtRead full judgment →
• Hafiz Junaid Mahmood vs Govt. of Punjab, etc2018 [M] C.L.R. 470 · Lahore High Court · 2016-12-19Read full judgment →
• Hafiz Ghulam Haider vs State and anotherPLJ 2018 Cr.C. 710 · Lahore High Court · 2017-11-13
  pre-arrest bailoutraging modestyextortiondelayed FIRmala fideextraordinary relieffalse implication
  Summary & questions settled

  This petition was filed under Section 498 of the Code of Criminal Procedure 1898, seeking confirmation of pre-arrest bail in a case registered under Sections 354 and 379 of the Pakistan Penal Code 1860, involving allegations of outraging modesty and extortion. The core legal question was whether the petitioner was entitled to pre-arrest bail given the circumstances of the FIR. The Court observed an inordinate eight-day delay in lodging the FIR, which it deemed fatal to the prosecution's case. Furthermore, it noted a contradiction between the FIR, which claimed no weapon was used, and the medical report, which alleged the use of a blunt weapon, alongside the complainant's failure to appear for radiological examination. The Court held that the prosecution lacked sufficient incriminating material and that the petitioner's false implication could not be ruled out. Consequently, the Court confirmed the pre-arrest bail, reaffirming the principle that pre-arrest bail is an extraordinary relief intended to protect innocent individuals from victimization, harassment, and humiliation through the abuse of legal processes for ulterior motives.

  Questions settled

  • Does an inordinate delay in lodging an FIR constitute grounds for granting pre-arrest bail?
  • What is the primary objective of granting pre-arrest bail in criminal proceedings?
  • Can contradictions between the FIR and medical evidence regarding the use of weapons support a plea for pre-arrest bail?
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• Hafiz Amjad Saeed vs The State2018 LHC 185, PLJ 2018 Cr.C. (Lahore) 454, 2018 YLR 2181 · Lahore High Court · 2018-01-15
  Qatl-i-AmdQatl-i-Shibh-i-Amdvasovagal shockcriminal appealdeath sentencemedical jurisprudenceDiyatTazir
  Summary & questions settled

  This criminal appeal challenges the conviction and death sentence imposed by the trial court for the offense of Qatl-i-Amd. The core legal question was whether the appellant, who caused the death of the deceased by punching him, resulting in fatal vasovagal shock, was correctly convicted under Section 302(b) of the Pakistan Penal Code 1860, or if the act constituted Qatl-i-Shibh-i-Amd. The Court held that while the appellant was responsible for the consequences of his assault, the act of punching was not in the ordinary course of nature likely to cause death. Consequently, the Court set aside the conviction under Section 302(b) and altered it to Qatl-i-Shibh-i-Amd under Section 316 of the Pakistan Penal Code 1860, sentencing the appellant to Diyat and ten years of imprisonment as Tazir. The key principle laid down is that where an act causes death but lacks the specific intent or the nature of an act likely to cause death in the ordinary course, it falls under the definition of Qatl-i-Shibh-i-Amd rather than Qatl-i-Amd.

  Questions settled

  • Does an assault that causes death via vasovagal shock constitute Qatl-i-Amd or Qatl-i-Shibh-i-Amd?
  • Is an accused liable for the consequences of an assault even if the death results from an unforeseen medical condition like vasovagal inhibition?
  • When does an act of violence fall under the definition of Qatl-i-Shibh-i-Amd under the Pakistan Penal Code 1860?
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• Hafiz Amjad Saeed vs StatePLJ 2018 Cr.C. (Lahore) 454 · Lahore High Court · 2018-01-15
  murderqatl-i-shibh-i-amdvasovagal shockalteration of convictionmedical jurisprudenceocular account
  Summary & questions settled

  This criminal appeal and murder reference arise from a judgment of the trial court convicting the appellant under Section 302(b) of the Pakistan Penal Code, 1860 for the murder of the deceased by punching him, which caused vasovagal inhibition and sudden heart blockage leading to death. The core legal questions involved whether the ocular account and medical evidence established the charge beyond reasonable doubt, and whether the act constituted intentional murder (qatl-e-amd) or qatl-shibh-i-amd. The Lahore High Court held that while the assault and the causal link between the punches and the death were established by consistent ocular and medical evidence, the act of giving punches in the ordinary course of nature was not likely to cause death. Consequently, the court altered the conviction from Section 302(b) to Section 316 of the Pakistan Penal Code, 1860, set aside the death sentence, and sentenced the appellant to imprisonment for ten years along with payment of diyat.

  Questions settled

  • Whether death caused by physical blows resulting in vasovagal inhibition and sudden heart blockage constitutes qatl-i-amd or qatl-i-shibh-i-amd?
  • Can an assault involving punches to the body be classified as an act which in the ordinary course of nature is likely to cause death?
  • Whether the High Court can alter a conviction under Section 302(b) to Section 316 of the Pakistan Penal Code, 1860 based on medical and circumstantial evidence?
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• Habib Ullah vs The State and another2018 MLD 1265 · Lahore High Court · 2017-04-05
  post-arrest bailfurther inquirydiscrepancy in medical evidenceabscondencemurdercommon intention
  Summary & questions settled

  This is a criminal petition under Section 497 of the Code of Criminal Procedure 1898 whereby the petitioner, Habib Ullah, sought post-arrest bail in case FIR No. 231 registered under Sections 302, 324, 109, and 34 of the Pakistan Penal Code 1860 at Police Station Civil Line, Dera Ghazi Khan. The core legal question revolved around whether the petitioner was entitled to post-arrest bail when there was a discrepancy between the number of firearm injuries attributed to the accused in the FIR and those observed in the medical reports, and considering his period of abscondence and protracted incarceration without trial progress. The Lahore High Court held that the discrepancy in the number of injuries prima facie indicated further inquiry into the petitioner's guilt, and that bail cannot be withheld solely on the ground of abscondence if the case otherwise calls for further inquiry. The Court laid down the principle that where multiple accused are charged and the medical evidence shows fewer injuries than alleged, creating doubt as to who actually caused the injury, and where the accused has suffered prolonged incarceration, the case falls within the purview of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898, warranting the grant of post-arrest bail.

  Questions settled

  • Does a discrepancy between the number of firearm injuries alleged in the FIR and those shown in the medical report justify granting post-arrest bail?
  • Can bail be withheld solely on the ground that the accused remained a fugitive from law for a prolonged period?
  • Whether prolonged incarceration without substantial progress in the trial brings a case within the purview of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
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• Gulshan Polypack Pvt. Ltd. vs Faysal Bank Limited and others2018 CLD 1271 · Lahore High Court · 2018-04-02Read full judgment →
• Gulf College of Nursing vs Pakistan Nursing Council and others2019 [M] C.L.R. 780, 2018 YLR 2255 · Lahore High Court · 2018-03-02Read full judgment →
• Gujranwala Food Industries vs Deputy Collector (Refund)2018 P.C.T.L.R. 458 · Lahore High Court · 2018-03-19Read full judgment →
• Government of the Punjab, Secretary Home Department through Deputy2018 [M] C.L.R. 173 · Lahore High CourtRead full judgment →
• Government of the Punjab, Secretary Home Department through Deputy Secretary (Police) Interior Department, Lahore etc. vs Qanoot Fatima etc2018 [M] C.L.R. 173, 2018 PLC (C.S.) 22, 2018 PLJ Lahore 341 · Lahore High Court · 2017-11-02
  public sector employmentgender discriminationreserved quotaopen meritaffirmative actionsubstantive equalitygender stereotypingconstitutional mandate
  Summary & questions settled

  This appeal arises from a challenge to the Government of Punjab's decision to restrict the appointment of female candidates for the post of corporals in the Counter Terrorism Department (CTD) to a 5% quota, despite the respondents qualifying on open merit. The core legal question is whether a reserved quota for women acts as a ceiling or a floor, and whether qualified female candidates can be denied appointment on open merit due to their gender. The Court held that the respondents, having qualified on merit, were entitled to appointment. The ratio establishes that reserved quotas for women are affirmative action measures intended to ensure minimum representation and substantive equality, not to limit female participation or create a ceiling. Consequently, treating a quota as a maximum limit to exclude meritorious female candidates constitutes discriminatory gender stereotyping, violating the constitutional mandate of equality. The Court affirmed that competence must be assessed based on established standards, not gender, and that quotas cannot be used to bar women from competing for and securing positions on open merit.

  Questions settled

  • Does a reserved quota for women in public employment act as a ceiling or a minimum floor for representation?
  • Can a government department deny appointment to female candidates who qualify on open merit by restricting them to a fixed quota?
  • Is it constitutionally permissible to exclude qualified female candidates from public sector jobs based on gender-based stereotypes regarding their suitability for field work?
  • Does the reservation of seats for women under Article 25(3) of the Constitution of Pakistan 1973 permit the exclusion of women who otherwise meet the merit criteria for non-reserved seats?
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• Government of the Punjab, Secretary Home Department through Deputy Secretary (Police) Interior Department and others vs Qanoot Fatima and others2018 PLC (C.S.) 22 · Lahore High Court · 2017-11-02
  women quotaopen meritgender discriminationaffirmative actionpublic sector employmentsubstantive equalitygender stereotyping
  Summary & questions settled

  These intra-court appeals arise from a common order of the learned Single Judge directing the appointment of female respondents as corporals in the Counter Terrorism Department, Punjab. The appellants had restricted female appointments to a 5 percent quota of 75 seats, excluding the respondents who qualified on open merit because their merit fell outside the top 75 female candidates. The core legal question was whether female candidates competing on open merit can be restricted or ousted by a reserved 5 percent quota for women. The Lahore High Court held that quotas for women in public service represent a minimum threshold or affirmative action to ensure representation, not a maximum ceiling to restrict female employment. The court ruled that a quota does not bar women from competing on and securing appointments through open merit, and restricting them solely to reserved seats constitutes unlawful gender discrimination violating Article 25 of the Constitution. The appeals were consequently dismissed, affirming the appointment of the qualified female respondents.

  Questions settled

  • Whether female candidates who qualify on open merit can be restricted or excluded on the basis of a reserved women quota?
  • Does a fixed quota for women in public service employment act as a maximum ceiling or a minimum threshold for representation?
  • Whether restricting female employees to desk jobs based on gender stereotypes violates the constitutional guarantee of equality?
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• Government of Punjab, Primary and Secondary Health Department, Lahore2018 P.C.T.L.R. 527 · Lahore High CourtRead full judgment →
• Gojra Sumandry Sugar Mills, etc. vs Innovative Investment Bank2018 P.C.T.L.R. 545 · Lahore High Court · 2017-03-28Read full judgment →
• Ghulam Yasin vs State and anotherPLJ 2018 Cr.C. 991 · Lahore High Court · 2018-04-25
  post-arrest bailmurderfurther inquiryocular and medical evidencestatutory delaycriminal procedure
  Summary & questions settled

  The petitioner sought post-arrest bail in case FIR No. 133 dated 22.06.2015 registered under Sections 302, 324, 148, 149, 336, 460 and 337-L(ii) of the Pakistan Penal Code 1860 at Police Station Saddar Shujabad, District Multan. The core legal question was whether the petitioner was entitled to post-arrest bail given the discrepancies between the ocular account and the medical evidence, and the statutory delay in the conclusion of the trial. The Lahore High Court accepted the petition and admitted the petitioner to post-arrest bail, holding that the inconsistency between the FIR allegations regarding firearm injuries and the medical certificate warranted further inquiry into the petitioner's involvement under Section 497(2) of the Code of Criminal Procedure 1898, coupled with the principle that an accused cannot be incarcerated indefinitely pending trial. The key principle laid down is that divergence between ocular and medical evidence creates a case for further inquiry making the accused eligible for bail, and prolonged incarceration without trial conclusion justifies the grant of bail.

  Questions settled

  • Whether discrepancy between ocular account and medical evidence creates a case for further inquiry entitling an accused to post-arrest bail?
  • Does prolonged incarceration without conclusion of trial justify granting post-arrest bail to an accused?
  • Is an accused not specifically charged with firing at the deceased entitled to bail when involvement needs further consideration?
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• Ghulam Rasool vs The State and another2018 YLR 151 · Lahore High Court · 2017-03-15
  summoning of additional witnessescourt witnessesessential for just decisionfilling lacunaeforged matriculation certificatedual national identity cardsanti-corruption trial
  Summary & questions settled

  The petitioner, accused in a corruption and forgery case relating to a bogus matriculation certificate used to secure public employment, challenged an order of the trial court that allowed the complainant's application under section 540 of the Code of Criminal Procedure 1898 to summon court witnesses and requisition an inquiry report. The core legal question was whether the trial court acted lawfully in summoning additional witnesses and evidence at the stage of final arguments. The Lahore High Court held that section 540 of the Code of Criminal Procedure 1898 confers wide discretionary and mandatory powers on the court to summon or recall any witness at any stage of the proceedings if their evidence is essential for a just decision of the case, and that such powers cannot be defeated merely because the application is belated or might incidentally benefit a party. However, reviewing the specific evidence allowed, the court found that while the testimony of the District Registrar, NADRA was essential to resolve the issue of dual National Identity Cards, the summoning of other witnesses and the inquiry report was unnecessary. The petition was partly accepted to modify the trial court's order accordingly. The key principle laid down is that the paramount consideration under section 540 is the ends of justice and the discovery of truth, unhindered by technical objections or the stage of the trial.

  Questions settled

  • Whether a trial court can summon additional witnesses under section 540 of the Code of Criminal Procedure 1898 at the stage of final arguments?
  • Does the power of the court to summon material witnesses under section 540 of the Code of Criminal Procedure 1898 depend upon whether the evidence benefits the prosecution or the defence?
  • Can an order for additional evidence be set aside merely on the ground that it is belatedly sought or might fill a lacuna in the prosecution case?
  • What is the primary test for invoking the mandatory and discretionary provisions of section 540 of the Code of Criminal Procedure 1898?
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• Ghulam Qadir vs State and 2 others2018 PLJ Lahore 122 · Lahore High Court · 2017-02-27Read full judgment →
• Ghulam Qadir Khan vs National Accountability Bureau and another2018 MLD 1 · Lahore High Court · 2017-08-09Read full judgment →
• Ghulam Mustafa, etc. vs Mian Muhammad Nawaz, etc2018 PLJ Lahore 213 · Lahore High Court · 2017-05-17Read full judgment →
• Ghulam Mustafa vs Mian Muhammad Nawaz and others2018 YLR 49, 2018 PLJ Lahore 213 · Lahore High Court · 2017-05-17Read full judgment →
• Ghulam Mustafa and others vs Additional District Judge and others2018 CLC 1937, 2019 PLJ Lahore 55, 2018 LHC 1914 · Lahore High Court · 2018-05-09Read full judgment →
• Ghulam Murtaza vs State and anotherPLJ 2018 Cr.C. 885 · Lahore High Court · 2018-09-06
  pre-arrest bailfurther inquiryimpersonationillegal practicecriminal procedurebail confirmation
  Summary & questions settled

  This matter arises from a criminal petition seeking pre-arrest bail in FIR No. 168/2018 registered at Police Station Shehar Sultan, District Muzaffargarh, under Sections 419 and 420 of the Pakistan Penal Code 1860, concerning allegations of impersonation as a qualified doctor and providing paramedic allopathic services without a valid degree. The core legal question is whether the petitioner has made out a case for confirmation of pre-arrest bail in the absence of immediate incriminating evidence from the spot. The Lahore High Court held that the absence of recovered medical apparatus, medicines, signage, or statements from patients present at the time of the raid constitutes grounds for further inquiry into the petitioner's guilt, and that potential malice in the FIR cannot be ruled out. The court confirmed the pre-arrest bail, laying down the principle that where immediate corroborative evidence from the spot is lacking and no recovery is required, a previous non-convict petitioner is entitled to confirmation of bail as further inquiry is attracted.

  Questions settled

  • Whether the absence of incriminating recoveries from the spot justifies granting pre-arrest bail?
  • Does the failure to record statements of witnesses present at the scene attract further inquiry into the guilt of the accused?
  • Is an accused entitled to pre-arrest bail when he is a previous non-convict and no recovery is to be made from him?
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• Ghulam Muhammad vs Secretary Housing, Urban Development Public2018 CLC 176 · Lahore High Court · 2017-09-13
  allotment of plotcancellation of allotmentshow-cause noticenatural justicesecond appealdiscriminationexemplary damagesdue process
  Summary & questions settled

  This constitutional petition challenged an order passed by the Secretary to the Government of Punjab, Housing, Urban Development and Public Health Engineering Department (Respondent No. 1), which set aside the first appellate order of the District Co-ordination Officer (Respondent No. 2) and restored the cancellation of the petitioner's plot allotment. The petitioner had been allotted a plot under a Low Income Housing Scheme in 1976 but allegedly defaulted on installments and construction timelines, leading to a cancellation order in 1981. The High Court observed that the cancellation was done without a valid, properly served show-cause notice, violating natural justice and departmental instructions. Furthermore, the second appellate authority failed to address the reasoning of the first appellate authority or comply with prior remand directions. The Court held that where a second appellate authority's findings are at variance with the first, they must be supported by logical reasoning and evidence to be immune from constitutional interference. Finding the cancellation arbitrary, discriminatory, and violative of Articles 10-A and 25 of the Constitution, the Court set aside the impugned order, restored the allotment, and awarded exemplary damages.

  Questions settled

  • Under what circumstances will the findings of a second appellate authority prevail over those of a first appellate authority in a constitutional petition?
  • Does the cancellation of a plot allotment without a validly served individual show-cause notice violate the principles of natural justice and due process?
  • Can a public authority cancel an allotment for non-payment and non-construction when general extensions and concessions have been granted by the government?
  • Is a public authority's action void for discrimination under Article 25 of the Constitution if it refuses restoration to one allottee while granting it to similarly situated persons?
  • Can the High Court award monetary compensation or exemplary damages under Article 199 of the Constitution for the flagrant violation of fundamental rights by public officers?
  Read full judgment →
• Ghulam Muhammad vs Ashiq Hussain, etc.2020 [M] C L R 199, 2018 MLD 1449, 2018 MLD 1449, 2018 PLJ Lahore 809, 2018 · Lahore High Court · 2018-04-30Read full judgment →
• Ghulam Muhammad vs Ashiq Hussain and 13 others2018 MLD 1449 · Lahore High Court · 2018-04-30Read full judgment →
• Ghulam Hussain vs Muhammad Rasheed and 6 others2018 MLD 117 · Lahore High Court · 2017-03-20Read full judgment →
• Ghulam Hussain vs Judicial Magistrate, Ist Class, Jaranwala District2018 MLD 1804, 2018 LHC 1782 · Lahore High Court · 2018-07-02Read full judgment →
• Ghulam Hussain vs Judicial Magistrate, 1ST Class, Jaranwala, and 82018 MLD 1804 · Lahore High Court · 2018-07-02Read full judgment →
• Ghulam Hussain Bhatti vs Election Tribunal and 4 others2018 CLC 1727 · Lahore High Court · 2018-03-12Read full judgment →
• Ghulam Hassan vs Mst. Wasso Mai (deceased) through L.Rs, and others2018 YLR 2331 · Lahore High Court · 2017-12-04Read full judgment →
• Ghulam Haider vs Habib Bank Limited2018 CLD 1451 · Lahore High Court · 2018-09-10Read full judgment →
• Ghulam Fatima and others vs Muhammad Iqbal2018 PLJ Lahore 635 · Lahore High Court · 2017-09-19Read full judgment →
• Ghulam Abbas vs State and anotherPLJ 2018 Cr.C. 780 · Lahore High Court · 2018-06-12
  post-arrest bailnarcotic substancerecovery of charasstatutory thresholdfirst-time offendercriminal procedure
  Summary & questions settled

  This matter concerns a petition for post-arrest bail filed by the petitioner, Ghulam Abbas, who was charged under Section 9(c) of the Control of Narcotic Substances Act, 1997, following the alleged recovery of 1300 grams of Charas. The core legal question was whether the petitioner was entitled to bail given the quantity of the narcotic recovered and the circumstances of his detention. The Lahore High Court held that the petitioner should be admitted to bail. The court reasoned that the recovered quantity of 1300 grams only marginally exceeded the 1-kilogram threshold, casting doubt on whether the maximum sentence prescribed by the statute would be applicable. Furthermore, the court noted the petitioner was a first-time offender, had been incarcerated since January 2018, and was no longer required for investigation purposes. Relying on the principle established by the Supreme Court of Pakistan in similar circumstances, the court held that where the recovered substance marginally exceeds the statutory threshold and the trial is not likely to conclude soon, the balance tilts in favor of granting bail.

  Questions settled

  • Does the recovery of a narcotic substance marginally exceeding the one-kilogram threshold under the Control of Narcotic Substances Act 1997 justify the grant of post-arrest bail?
  • Is the fact that an accused is a previous non-convict and no longer required for investigation a valid ground for granting post-arrest bail in narcotics cases?
  Read full judgment →
• GEPCO etc. vs Pakistan Television Corporation Ltd. etc.2018 PLJ Lahore 594 · Lahore High Court · 2018-02-12Read full judgment →
• GEPCO etc vs Pakistan Television Corporation Ltd. etc.2019 [M] C.L.R. 263, 2018 PLD Lahore 399, 2018 PLJ Lahore 594, 2018 LHC 209 · Lahore High Court · 2018-02-12Read full judgment →
• GEPCO and others vs Pakistan Television Corporation Ltd. and others2018 PLD Lahore 399 · Lahore High Court · 2018-02-12Read full judgment →
• Fozia Khalid vs Election Appellate Tribunal, etc2018 PLD Lahore 895, 2019 PLJ Lahore 83, 2018 LHC 1947 · Lahore High Court · 2018-09-14Read full judgment →
• Fozia Khalid vs Election Appellate Tribunal and others2018 PLD Lahore 895 · Lahore High Court · 2018-09-14Read full judgment →
• Fouzia Bibi vs Station House Officer, Police Station City, Lodhran and another2018 MLD 369 · Lahore High Court · 2017-01-18
  habeas corpuscustody of minorguardian courtSection 491 Cr.P.C.child abductioninterim custody
  Summary & questions settled

  This petition was filed under Section 491 of the Code of Criminal Procedure 1898, seeking the recovery of a six-year-old minor daughter from the custody of her father, the respondent. The petitioner alleged that the respondent forcibly abducted the child. The core legal question was whether the High Court should exercise its jurisdiction under Section 491, Cr.P.C. to restore custody of the minor to the mother. The Court dismissed the petition, holding that the petitioner failed to establish that the minor was forcibly removed or that there was any urgency, such as a threat of removal from the country or danger to the child's life. The Court observed that the petitioner’s claims were contradicted by her own previous litigation and the lack of evidence regarding the child's recent residence. Relying on the principle established in Mst. Nadia Perveen v. Mst. Almas Noreen (PLD 2012 Supreme Court 758), the Court held that Section 491 jurisdiction is reserved for cases of recent abduction of tender-aged children where urgency exists. The matter of custody was left to the competent Guardian Court.

  Questions settled

  • Under what circumstances can the High Court exercise jurisdiction under Section 491 of the Code of Criminal Procedure 1898 regarding the custody of a minor?
  • Is a petition under Section 491 of the Code of Criminal Procedure 1898 maintainable when there is no evidence of recent forcible removal or immediate danger to the minor?
  • Should the High Court interfere in child custody matters when the issue of guardianship is pending or can be adjudicated by a competent Guardian Court?
  Read full judgment →
• First Women Bank Limited vs Ms. Uzma Wahid and 2 others2018 PLC 249 · Lahore High Court · 2018-03-28
  constitutional petitionback benefitscompensation in lieu of reinstatementwrongful terminationindustrial relationsbinding precedent
  Summary & questions settled

  This constitutional petition under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973 challenged an appellate tribunal judgment that awarded back benefits in addition to compensation to a terminated employee. The core legal question was whether a workman, upon being awarded compensation in lieu of reinstatement under Section 46(5) of the Industrial Relations Ordinance, 2002, is also simultaneously entitled to back benefits. The Lahore High Court held that granting both back benefits and statutory compensation simultaneously is impermissible under Section 46(5) of the Ordinance, as compensation is awarded specifically in lieu of reinstatement when a termination is found wrongful. The court laid down the principle that a worker compensated in lieu of reinstatement is not entitled to back benefits for the period spent out of service, following the binding precedent of the Supreme Court.

  Questions settled

  • Can back benefits and compensation be awarded simultaneously under Section 46(5) of the Industrial Relations Ordinance, 2002?
  • Is a workman entitled to back benefits for the period spent out of service when awarded compensation in lieu of reinstatement?
  • What is the binding effect of a reported judgment of the Supreme Court of Pakistan on the interpretation of statutory provisions under the Constitution?
  Read full judgment →
• Fida Hussain vs Judge Family Court Muzaffargarh and 2 others2018 YLR 616 · Lahore High Court · 2017-02-22Read full judgment →
• Federal Board of Revenue etc vs M,/s. Chenone Stores Ltd2018 PLJ Lahore 379 · Lahore High Court · 2017-11-17Read full judgment →
• Fazal Mehmood vs Government of Pakistan and others2018 CLC 1664 · Lahore High Court · 2018-07-11Read full judgment →
• Fayyaz Haider and 5 others vs Malik Ishtiaq Hussain and 6 others2018 CLC 1981 · Lahore High Court · 2017-09-26Read full judgment →
• Fayaz Hussain vs Addl. District Judge and others2019 MLD 758, 2018 LHC 2964 · Lahore High Court · 2018-10-30Read full judgment →
• Fawad Ahmed vs Election Appellate Tribunal, Rawalpindi and others2018 PLD Lahore 742 · Lahore High Court · 2018-07-05Read full judgment →
• Fawad Ahmed vs Election Appellate Tribunal, Rawalpidi, etc2018 PLD Lahore 742, 2018 LHC 2452 · Lahore High Court · 2018-07-05Read full judgment →
• Fateh Muhammad vs State & anotherPLJ 2018 Cr.C. (Lahore) 293 · Lahore High Court · 2017-12-07
  post-arrest bailfirearm injuriesdelay in trialcriminal procedurebail dismissal
  Summary & questions settled

  Through this petition, the petitioner Fateh Muhammad sought post-arrest bail in case FIR No. 70 dated 04.04.2016 registered under Sections 324, 337-F(iii), 337-F(vi) and 337-D of the Pakistan Penal Code 1860 at Police Station Saddar Samundari, District Faisalabad. The core legal question was whether the petitioner was entitled to post-arrest bail given the allegations of causing firearm injuries to three persons and the attribution of delay in the trial. The Lahore High Court held that the petitioner repeatedly fired at and injured three persons, the crime weapon was recovered at his instance, and the delay in the trial was partly attributable to the defence side. Consequently, the Court declined to grant post-arrest bail and dismissed the petition, while directing the trial court to conclude the trial expeditiously on a day-to-day basis within three months. The key principle laid down is that where an accused is charged with serious firearm injuries and contributes to trial delays, post-arrest bail is rightly refused.

  Questions settled

  • Whether an accused charged with causing firearm injuries to multiple persons is entitled to post-arrest bail?
  • Does contribution of the defence to trial delays preclude the grant of post-arrest bail?
  • What is the effect of the recovery of a crime weapon at the instance of the accused on a post-arrest bail petition?
  Read full judgment →
• Farzand Ali vs The State2019 PCRLJ 1207, 2018 LHC 2618 · Lahore High Court · 2018-11-01
  narcotics possessionchain of custodyreasonable doubtcriminal appealprocedural irregularityrecovery memochemical examiner reportacquittal
  Summary & questions settled

  This appeal challenged the conviction of the appellant under Section 9(c) of the Control of Narcotic Substances Act, 1997, for the possession of narcotics. The prosecution alleged that the appellant was apprehended by Rangers with heroin and opium, but the trial court's judgment was contested on grounds of evidentiary contradictions. The core legal question was whether the prosecution successfully proved the guilt of the appellant beyond a reasonable doubt, particularly regarding the recovery, chain of custody, and the procedural integrity of the investigation. The Court held that the prosecution failed to discharge its burden. Significant discrepancies were noted: the Incident Report was prepared at a time and place inconsistent with the alleged occurrence; samples were not properly sealed or handled at the spot; and the chain of custody for the narcotics was broken, rendering the Chemical Examiner's report unreliable. Furthermore, the timeline of the appellant's arrest and subsequent handover to the police remained unexplained. Consequently, the Court set aside the conviction and acquitted the appellant, emphasizing that such procedural lapses and evidentiary gaps create reasonable doubt, necessitating acquittal.

  Questions settled

  • Does the failure to seal narcotic samples at the place of recovery render the Chemical Examiner's report unreliable?
  • Can a conviction be sustained when the prosecution fails to establish the chain of custody for the recovered narcotics?
  • Does a significant discrepancy in the time and place of the preparation of the Incident Report undermine the prosecution's case?
  • Is the prosecution required to explain the whereabouts of an accused between the time of alleged arrest and the time of handover to the police?
  Read full judgment →
• Farooq Hanif vs Muhammad Ibrahim2018 LHC 3026, 2019 YLR 1093 · Lahore High Court · 2019-01-04Read full judgment →
• Farman Ali vs State and anotherPLJ 2018 Cr.C. (Lahore) 343 · Lahore High Court · 2018-01-17
  post-arrest bailsodomyfurther inquirymedical reportDNA testcriminal procedure
  Summary & questions settled

  This petition has been filed by Farman Ali seeking post-arrest bail in case FIR No. 38 dated 25.01.2017 registered under Section 377 of the Pakistan Penal Code, 1860 at Police Station Saddar Kehror Pacca, District Lodhran, on the charge of committing sodomy with a 13/14-year-old boy. The core legal question is whether the petitioner is entitled to post-arrest bail in light of the medical and forensic evidence. The Lahore High Court held that the absence of physical injuries on the victim's body in the medico-legal certificate, the negative DNA test report showing no seminal material, and the failure to recover the alleged rickshaw during police custody make the case one of further inquiry. Consequently, the court allowed the petition and admitted the petitioner to post-arrest bail under Section 497(2) of the Code of Criminal Procedure, 1898. The key principle laid down is that contradictory medical and forensic evidence coupled with unrecovered case property can bring a case within the scope of further inquiry warranting the grant of bail.

  Questions settled

  • Whether the absence of physical injuries in the medico-legal certificate makes out a case for further inquiry under Section 497(2) of the Code of Criminal Procedure, 1898?
  • Does a negative DNA test report detecting no seminal material entitle an accused to post-arrest bail in a sodomy case?
  • Is an accused entitled to post-arrest bail when the alleged vehicle used in the commission of the crime is not recovered during police custody?
  Read full judgment →
• Farkhanda Bibi etc. vs Muhammad Munir etc.2018 PLJ Lahore 573 · Lahore High Court · 2017-10-23Read full judgment →
• Farkhanda Bibi and others vs Mehmood Munir and others2018 CLC 685 · Lahore High Court · 2017-11-15Read full judgment →
• Farheen Shahzad vs MCB Bank Limited, etc.2018 P.C.T.L.R. 520 · Lahore High Court · 2017-10-26Read full judgment →
• Faiz Ahmad vs The State and another2018 MLD 915 · Lahore High Court · 2017-09-08
  pre-arrest bailbail before arresttwo versionsfurther inquirydelay in FIRvicarious liabilitytentative assessment
  Summary & questions settled

  This is a petition under Section 498 of the Code of Criminal Procedure 1898 seeking pre-arrest bail in a criminal case registered under Sections 337-F(v), 337-A(iii), 337-L(2), 342, 147, and 149 of the Pakistan Penal Code 1860. The core legal question involves determining whether the petitioner is entitled to pre-arrest bail in light of an unexplained delay in FIR registration, conflicting versions between the complainant and the investigating agency, the deletion of a major hurt section upon medical re-examination, and the applicability of further inquiry. The Lahore High Court held that where the investigation yields a version conflicting with the FIR and points towards a bailable offence or further inquiry under Section 497(2), pre-arrest bail is rightly granted. The court confirmed the pre-arrest bail, establishing that recovery after a long lapse of time loses significance and that false implication with mala fide intention cannot be ruled out at the tentative assessment stage.

  Questions settled

  • Does an unexplained delay in the registration of an FIR make out a case for pre-arrest bail?
  • Whether conflicting versions between the complainant's statement and the findings of the investigating agency bring a case within the scope of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898?
  • Can pre-arrest bail be confirmed when the primary hurt section is deleted upon medical re-examination and the remaining offence is bailable?
  • Is the recovery of a weapon of offense after a considerable lapse of time of significant help to the prosecution at the bail stage?
  Read full judgment →
• Faisal Mushtaq vs Sumera Safdar and others2018 MLD 862 · Lahore High Court · 2018-02-15Read full judgment →
• Faisal Mir vs Election Commission of Pakistan and others2018 CLC 1 · Lahore High Court · 2017-09-13Read full judgment →
• Faisal Mehboob Khan vs Chief Secretary and 2 others2018 PLC (C.S.) 216 · Lahore High Court · 2016-05-24
  removal from servicepunjab emergency servicesefficiency and discipline rulescompetent authoritydisciplinary proceedingsconstitutional petitionmaster and servant
  Summary & questions settled

  This constitutional petition challenged the orders of removal from service and the subsequent dismissal of an appeal against a Deputy Director (Repair and Maintenance) in the Punjab Emergency Service. The core legal question was whether the competent authority was empowered under Rule 6 of the Punjab Emergency Services, Leave, Efficiency and Discipline Rules 2007 to impose the major penalty of removal from service for the alleged unsatisfactory performance, inefficiency, and absence. The Lahore High Court held that Rule 6 only provides for minor penalties such as deductions of allowances or salary, or termination of contract for contractual employees upon specific conditions, and does not provide for removal from service for regular employees. The Court ruled that if the department wished to proceed against inefficiency or misconduct, it ought to have invoked Rule 7 of the Rules read with the Punjab Employees, Efficiency and Discipline Act 2006. Consequently, the impugned orders were set aside, the petitioner was reinstated, and liberty was granted to the department to proceed afresh in accordance with law.

  Questions settled

  • Whether the competent authority under Rule 6 of the Punjab Emergency Services, Leave, Efficiency and Discipline Rules 2007 is empowered to impose the penalty of removal from service upon a regular employee?
  • Can a penalty not provided under a specific service rule be legally imposed by a disciplinary authority?
  • What is the proper legal course for proceeding against a regular employee for inefficiency under the Punjab Emergency Services legal framework?
  Read full judgment →
• Faisal Bashir etc. vs State etc.PLJ 2018 Cr.C. (Lahore) 49 · Lahore High Court · 2017-09-19
  circumstantial evidencelast seen evidencebenefit of doubtcapital punishmentcriminal appealadmissibility of evidencemurder trial
  Summary & questions settled

  This matter concerns criminal appeals against the conviction and death sentence of the appellants for murder and robbery. The core legal question was whether the circumstantial evidence presented—specifically the last seen testimony, alleged recoveries, and motive—was sufficient to establish guilt beyond a reasonable doubt. The Lahore High Court held that the prosecution failed to prove its case, as the evidence was riddled with inconsistencies. Crucially, the last seen narrative provided by witnesses contradicted the timeline established by the medical officer’s autopsy report. Furthermore, the court found that the alleged recoveries were non-specific, forensic reports were negative, and the purported confessional statements were inadmissible as they were made while the appellants were already in police custody. The court emphasized that in cases relying on circumstantial evidence, the prosecution must exclude every hypothesis of innocence. Because the entire case was built upon mere suspicion rather than concrete evidentiary proof, the court set aside the convictions, acquitted the appellants, and declined to confirm the death sentence, establishing that suspicion cannot substitute for legal proof in capital cases.

  Questions settled

  • Can a conviction be sustained on circumstantial evidence if the prosecution fails to exclude every hypothesis of innocence?
  • Is a disclosure statement made by an accused while in police custody admissible under the Qanun-e-Shahadat Order 1984?
  • Does a contradiction between witness testimony regarding the time of death and medical evidence invalidate the prosecution's case?
  • Can suspicion alone serve as the basis for a conviction in a capital case?
  Read full judgment →
• Faisal Ahmad vs The State and another2018 YLR 1269 · Lahore High Court · 2018-02-22
  post-arrest bailsupplementary statementdelayed statement under section 161 Cr.P.C.further inquiryDNA reportheinousness of offence
  Summary & questions settled

  This matter arises from a petition filed under Section 497 of the Code of Criminal Procedure 1898 seeking post-arrest bail in case FIR No. 1568 of 2016 registered under Sections 302, 365, 201, and 377 of the Pakistan Penal Code 1860 at Police Station Kot Lakhpat, District Lahore. The core legal question is whether the petitioner is entitled to post-arrest bail considering the delay in recording witness statements, the evidentiary value of a belated supplementary statement implicating the accused without disclosing the source of information, and the absence of corroborative DNA evidence regarding the charge under Section 377. The court held that the case calls for further inquiry into the petitioner's guilt under subsection (2) of Section 497 of the Code of Criminal Procedure 1898, noting that a supplementary statement without a disclosed source has little legal value, delayed statements of prosecution witnesses cast doubt, and the heinousness of an offense alone is no ground to withhold bail. Consequently, the petition was allowed, and the petitioner was admitted to bail subject to furnishing surety bonds.

  Questions settled

  • Whether a supplementary statement implicating an accused without disclosing the source of information has legal value at the bail stage?
  • Does an unexplained delay in recording the statements of prosecution witnesses under Section 161 of the Code of Criminal Procedure 1898 cast serious doubt on the prosecution case for the purpose of bail?
  • Can bail be withheld solely on the ground that the offense charged is heinous in nature?
  • Whether the absence of seminal material in a DNA report impacts the tentative assessment of an offense under Section 377 of the Pakistan Penal Code 1860 during bail proceedings?
  Read full judgment →
• Expo Lahore (Private) Limited vs Excise and Taxation Department, Government of the Punjab and others2018 [M] C.L.R. 1832 · Lahore High CourtRead full judgment →
• Expo Lahore (Private) Limited vs Excise & Taxation Department, Government of the Punjab & others2018 CLC 1602, 2018 LHC 1198 · Lahore High Court · 2018-06-05
  property tax exemptionfederal government instrumentalityconstitutional petitioncorporate veilsovereign functionsinter-governmental immunityurban immovable property tax
  Summary & questions settled

  This constitutional petition under Article 199 of the Constitution of Pakistan 1973 challenged property tax demands issued by the Excise & Taxation Department of the Punjab Government against Expo Lahore (Private) Limited. The core legal question was whether the Expo Centre building, owned by a company effectively controlled and funded by the Federal Government, qualifies for tax exemption under Section 4(a) of the Punjab Urban Immovable Property Tax Act, 1958, which exempts buildings owned by the Federal Government. The Court held that the petitioner is a Federal Government instrumentality, and its property effectively vests in the Federal Government. Consequently, the Court ruled that the building is exempt from provincial property tax under the Act of 1958. The judgment established that the Federal Government may hold property through corporate entities without losing the benefit of statutory exemptions. Furthermore, it affirmed that such instrumentalities performing sovereign functions or acting as virtual monopolies are entitled to constitutional immunity under Article 165, rendering the impugned tax demands unlawful and without authority.

  Questions settled

  • Does the exemption under Section 4(a) of the Punjab Urban Immovable Property Tax Act 1958 apply to buildings owned by the Federal Government through a corporate entity?
  • Is a company owned and funded by the Federal Government entitled to constitutional immunity from provincial taxation under Article 165 of the Constitution of Pakistan 1973?
  • Can a corporate entity performing sovereign functions be considered a department of the Federal Government for the purpose of tax exemption?
  Read full judgment →
• Ehsan Ellahi Baig vs Muhammad Pervaiz2018 PLD Lahore 693 · Lahore High Court · 2018-03-19
  specific performanceadministration of oathcross-examinationoaths actremand of caseregular second appealreliability of evidence
  Summary & questions settled

  This Regular Second Appeal arises from a suit for possession through specific performance of an agreement to sell, which was decreed by the trial court and upheld by the lower appellate court. The core legal question before the High Court was whether the cross-examination of plaintiff witnesses conducted without administering an oath renders the evidence inadmissible or unreliable under the Oaths Act, 1873. The Court held that while Section 13 of the Oaths Act, 1873 cures procedural irregularities and prevents the entire trial from being vitiated solely due to the omission of an oath, Section 6 makes the administration of an oath mandatory. Consequently, evidence recorded without an oath is unauthentic, suffers from doubts, and cannot be relied upon to reach a just conclusion. The Court laid down the principle that failure to administer an oath makes witness testimony unreliable, and the appropriate remedy in such cases is to set aside the judgments and remand the matter to the trial court to allow the re-examination or proper cross-examination of witnesses on oath in accordance with the law.

  Questions settled

  • Whether the omission to administer an oath to a witness vitiates the entire trial under the Oaths Act, 1873?
  • Can evidence recorded without administering an oath be relied upon by a court to reach a just conclusion?
  • What is the effect of Section 13 of the Oaths Act, 1873 on irregularities in administering oaths during judicial proceedings?
  Read full judgment →
• Dr. Zaheer Iqbal and others vs Province of Punjab through Chief2018 PLC (C.S.) 712 · Lahore High Court · 2018-01-23
  regularizationad hoc appointmentpublic service commissiondiscriminationvested rightdental surgeonsintra court appeal
  Summary & questions settled

  This Intra Court Appeal addresses the grievance of dental surgeons appointed on an ad hoc basis who sought regularization after failing to secure selection within limited permanent vacancies through the Punjab Public Service Commission (PPSC). The core legal question revolves around whether ad hoc appointees possess a right to regularization and whether the selection process and disparate treatment by public functionaries amounted to unlawful discrimination. The court held that while ad hoc appointees have no vested right to automatic regularization, the PPSC's subjective and non-transparent interview criteria without objective measurable data vitiated the selection process. Furthermore, regularizing other similar medical personnel while denying the same to dental surgeons constituted actionable discrimination. The court established the key principles that public functionaries must act consistently and fairly without discrimination, and that competitive selection processes for ad hoc employees must incorporate objective, transparent criteria and separate consideration in accordance with established judicial precedents.

  Questions settled

  • Whether ad hoc appointees have a vested right to demand regularization to permanent posts?
  • Does an interview process lacking objective and measurable criteria for evaluating candidates violate principles of transparency and fairness?
  • Whether differential treatment in the regularization of similarly situated health department employees constitutes unlawful discrimination?
  • Are ad hoc employees required to be considered separately from direct recruits during public service commission selection processes?
  Read full judgment →
• Dr. Yasmin Rashid vs Election Commission of Pakistan, Islamabad, etc.2018 [M] C.L.R. 648 · Lahore High Court · 2017-09-15Read full judgment →
• Dr. Tahir Siddique vs Government of the Punjab and 3 others2018 PLC (C.S.) 726 · Lahore High Court · 2018-02-22
  ad hoc appointmentregularization of servicesPunjab Public Service Commissiondirect recruitsorder of meritProfessor of Medicineconstitutional petition
  Summary & questions settled

  This constitutional petition was filed under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, by an ad hoc Professor of Medicine (BS-20) seeking regularization of his services from the date of his initial appointment or from the date of clearing the test and interview conducted by the Punjab Public Service Commission (PPSC). The petitioner had participated in the competitive selection process for four advertised regular posts but was not regularized because he ranked lower in merit among the direct applicants. The respondents opposed the petition, asserting that an ad hoc employee has no vested right to regularization under the Punjab Civil Servants (Appointment and Conditions of Service) Rules, 1974, after failing to secure a place within the advertised quota. The High Court accepted the petition, relying on Supreme Court and Division Bench precedents mandating that ad hoc employees qualifying the minimum criteria must have their cases considered separately and not tagged with direct recruits. The respondents were directed to regularize the petitioner from his interview date.

  Questions settled

  • Whether the candidature of ad hoc employees seeking regularization through the Public Service Commission can be tagged and ranked together with direct recruits?
  • Can an ad hoc civil servant who fulfills the minimum qualifying criteria set by the Public Service Commission claim regularization despite falling lower on the general merit list of direct applicants?
  • From which date is an ad hoc employee entitled to be regularized after qualifying the requisite selection test and interview conducted by the Public Service Commission?
  Read full judgment →
• Dr. Shahzad Niazi vs The Election Appellate Tribunal and 3 others2018 PLD Lahore 748, 2018 LHC 1505 · Lahore High Court · 2018-07-12
  election disqualificationservice of PakistanArticle 63(1)(k)cooling-off periodadhoc appointmentoffice of profitconstitutional petition
  Summary & questions settled

  This constitutional petition challenged an order of the Election Appellate Tribunal which disqualified the petitioner from contesting elections. The core legal question was whether a person appointed on an ad-hoc basis as a Consultant Gynecologist by the Provincial Government falls within the definition of "Service of Pakistan" under Article 63(1)(k) of the Constitution of the Islamic Republic of Pakistan, 1973, thereby triggering the mandatory two-year cooling-off period before contesting elections. The Court held that the petitioner, having served in a post governed by the Civil Servants Act, 1974, and receiving perks and privileges from the Provincial Government, was in the "Service of Pakistan" as defined in Article 260 of the Constitution. Consequently, the Court affirmed the Tribunal's decision, ruling that the petitioner was disqualified because two years had not elapsed since she ceased to be in such service. The key principle laid down is that the nature of an appointment—whether ad-hoc or permanent—is secondary to the fact of being in the "Service of Pakistan" or holding an office of profit under the Government, which triggers the disqualification period under Article 63(1)(k).

  Questions settled

  • Does an ad-hoc appointment under the Provincial Government constitute being in the 'Service of Pakistan' for the purposes of Article 63(1)(k) of the Constitution of the Islamic Republic of Pakistan, 1973?
  • Is a person who has resigned from a government post disqualified from contesting elections if two years have not elapsed since their resignation?
  • Does the definition of 'Service of Pakistan' under Article 260 of the Constitution of the Islamic Republic of Pakistan, 1973, include ad-hoc employees who receive government perks and privileges?
  Read full judgment →
• Dr. Shahzad Niazi vs Election Appellate Tribunal and 3 others2018 PLD Lahore 748 · Lahore High Court · 2018-07-12
  election disputenomination papersService of Pakistandisqualificationad hoc appointmenttwo-year barElection Appellate Tribunal
  Summary & questions settled

  This constitutional petition under Article 199 of the Constitution of Pakistan 1973 challenged an order of the Election Appellate Tribunal which rejected the petitioner's nomination papers for the 2018 General Elections. The petitioner, appointed on an ad hoc basis as a Consultant Gynecologist (BPS-18) by the Health Department of the Government of Punjab, had resigned on 30.09.2017. The primary question was whether ad hoc employment governed by the Punjab Civil Servants Act 1974 constituted being in the 'Service of Pakistan' under Article 63(1)(k) read with Articles 240 and 260 of the Constitution, triggering a two-year disqualification bar from contesting elections. The Lahore High Court dismissed the petition, upholding the Tribunal's decision. The Court held that even though the petitioner's employment was ad hoc and time-bound, it was on a permanent post connected with the affairs of the Province, carried remuneration, and fell squarely within the definition of 'Service of Pakistan'. Because two years had not elapsed since her resignation, she was disqualified from contesting the election under Article 63(1)(k).

  Questions settled

  • Does ad hoc employment on a government post governed by civil service rules fall within the definition of 'Service of Pakistan' under Article 260 of the Constitution?
  • Does the disqualification period of two years under Article 63(1)(k) of the Constitution apply to ad hoc or time-bound government employees who resign before contesting elections?
  • Whether holding an ad hoc medical post in a provincial government hospital constitutes holding an office of profit attracting disqualification under election laws?
  Read full judgment →
• Dr. Samina Anayat vs Additional District Judge and others2018 MLD 448 · Lahore High Court · 2017-11-24
  constitutional petitioninterlocutory ordervisitation rightsGuardian Courtmaintainabilityminor custody
  Summary & questions settled

  This constitutional petition was filed by the petitioner to challenge the orders dated 13.05.2017 and 14.06.2017 passed by the Senior Civil Judge (Guardian) and the Additional District Judge, Sialkot, respectively, whereby her application seeking modification of visitation hours for the minor child was dismissed. The core legal question addressed was whether a constitutional petition is maintainable against an interlocutory order passed by a Guardian Court regarding interim visitation. The Lahore High Court held that the impugned order regarding visitation of a minor is interim and interlocutory in nature, against which no appeal or revision lies under Section 14(3) of the West Pakistan Family Courts Act, 1964. The Court ruled that entertaining a constitutional petition against such interlocutory orders would circumvent legislative intent and frustrate express provisions of law. Consequently, the High Court dismissed the writ petition as non-maintainable and devoid of merit, upholding the principle that interlocutory family orders cannot be challenged through constitutional jurisdiction.

  Questions settled

  • Whether a constitutional petition is maintainable against an interim or interlocutory order passed by a Guardian Court?
  • Does Section 14(3) of the West Pakistan Family Courts Act, 1964 bar appeal or revision against an interim order passed by a Family Court?
  • Can an order regarding interim visitation of a minor be challenged through a writ petition in the High Court?
  Read full judgment →
• Dr. Mushtaq Ahmad Akhtar vs Government of Punjab through Secretary Education and another2018 PLC (C.S.) 551 · Lahore High Court · 2017-11-29
  pension benefitsservice benefitsoptional retirementqualifying serviceextraordinary leaveadministrative inactionconstitutional petition
  Summary & questions settled

  The petitioner, a former Senior Master in the Education Department, sought a court direction for the release of his pension and service benefits, which had been withheld for over 33 years despite his retirement in 1984. The respondents argued that the petitioner did not meet the qualifying service criteria under the Punjab Civil Services Pension Rules, citing an unauthorized period of extraordinary leave. The Court observed that the respondents had issued a formal notification of retirement in 1998, which remained valid and unrescinded. The Court held that the respondents were bound by their own administrative actions and admissions regarding the petitioner's retirement status. Relying on the principle that government departments must process pensionary benefits without delay, the Court directed the respondents to release the petitioner's pension and benefits within thirty days. The judgment reaffirms that state functionaries cannot deny lawful rights to citizens based on belated objections to their own prior notifications, emphasizing the constitutional mandate to treat citizens in accordance with the law.

  Questions settled

  • Can government departments withhold pensionary benefits after issuing a formal retirement notification?
  • Is a government department bound by its own admission of facts regarding a civil servant's retirement status?
  • Does the failure of government departments to finalize pension cases within a reasonable time constitute a violation of the rule of law?
  Read full judgment →
• Dr. Muhammad Nasir Rana vs Province of Punjab and 4 others2018 [M] C.L.R 505 · Lahore High Court · 2018-01-24Read full judgment →
• Dr. Farooq Anwar Khawaja vs Mst. Naila Anwar Khawaja, etc.2018 CLC 1699, 2018 KLR Civil Cases 219, 2018 [M] C.L.R. 630 · Lahore High Court · 2017-12-20Read full judgment →
• Dr. Farooq Anwar Khawaja vs Mst. Naila Anwar Khawaja, etc2018 KLR Civil Cases 219 · Lahore High Court · 2017-12-20Read full judgment →
• Dr. Farooq Anwar Khawaja vs Mst. Naila Anwar Khawaja and 3 others2018 CLC 1699 · Lahore High Court · 2017-12-20Read full judgment →
• Kausar Bibi vs Ghulam Shabbir2018 PLJ Lahore 360 · Lahore High Court · 2017-09-19Read full judgment →
• Director Intelligence and Investigation-FBR vs Shamraiz Khan and others2018 PTD 1897 · Lahore High Court · 2018-06-07Read full judgment →
• Director Intelligence & Investigation-FBR vs Shamraiz Khan & others2019 PCRLJ 523, 2018 PTD 1897, 2018 PTD 1897, 2018 LHC 1487 · Lahore High Court · 2018-06-07
  Customs Appellate TribunalSingle BenchDivision BenchCustoms Act 1969JurisdictionDelegation of powerCustoms Reference
  Summary & questions settled

  This Customs Reference challenges an order passed by a Single Bench of the Customs Appellate Tribunal, questioning the legality of the tribunal's constitution. The core legal question was whether a Single Bench of the Tribunal could validly adjudicate a case originally entrusted to a Division Bench under Section 194-C(4) of the Customs Act, 1969, without proper authorization by the Chairman. The Court held that the impugned order was passed without jurisdiction. It determined that the entrustment of the case to a single member was procedurally flawed because the Chairman did not personally apply his mind to the necessity of the single-member hearing, treating it as a routine administrative matter rather than an exception to the general rule of Division Bench adjudication. The Court established that the power of the Chairman to authorize a single member to sit singly under Section 194-C(4) is not a routine or ministerial act but requires a specific, reasoned application of mind to the exigencies of the case, such as the non-functionality of the Division Bench. This authority cannot be delegated.

  Questions settled

  • Can a Single Member of the Customs Appellate Tribunal decide a case originally entrusted to a Division Bench without the Chairman's specific application of mind?
  • Is the Chairman's power to authorize a single member to sit singly under Section 194-C(4) of the Customs Act, 1969, a routine administrative act?
  • Does the constitution of a Single Bench of the Customs Appellate Tribunal require a notification by the Federal Government under Section 194-C(3A) of the Customs Act, 1969?
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• Dilshad Ahmad vs The State2018 YLR 860 · Lahore High Court · 2017-04-10
  narcoticssafe custodychain of custodybenefit of doubtcriminal appealinvestigation procedureFIR registration
  Summary & questions settled

  This criminal appeal challenges the conviction of the appellant under Section 9(c) of the Control of Narcotic Substances Act, 1997, for the possession of narcotics. The core legal questions concern whether the prosecution established the safe custody of the recovered contraband and whether the investigation, conducted by the complainant prior to the formal registration of the FIR, was legally permissible. The Court held that the prosecution failed to prove its case beyond a reasonable doubt. It found that the complainant’s conduct in investigating the matter and preparing documents before the FIR was registered vitiated the proceedings. Furthermore, significant interpolations and overwriting on recovery documents, coupled with material contradictions regarding the chain of custody of the samples and the transmission of case property to the Chemical Examiner, created a fatal gap in the evidence. The Court laid down the principle that the failure to establish the safe custody of recovered narcotics and the lack of a clear nexus between the seized substance and the Chemical Examiner’s report entitles the accused to the benefit of the doubt, necessitating acquittal.

  Questions settled

  • Does the investigation of a criminal case by the complainant prior to the registration of the FIR vitiate the entire proceedings?
  • What is the legal consequence when the prosecution fails to establish the safe custody of recovered narcotic samples?
  • Can a conviction be sustained when there are material interpolations and overwriting on the recovery memos and the FIR?
  • Is the prosecution required to prove a clear nexus between the substance seized from the accused and the report provided by the Chemical Examiner?
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• Dilnawaz Ahmad Bhatti vs Iftikhar Ahmad (deceased) through L.Rs and others2018 PLJ Lahore 205 · Lahore High Court · 2017-04-26Read full judgment →
• Dilnawaz @ Javed vs State and anotherPLJ 2018 Cr.C. (Lahore) 163 · Lahore High Court · 2015-02-17
  post-arrest bailnarcotic substancescontradictions in weightcharas recoverycriminal antecedent
  Summary & questions settled

  The petitioner sought post-arrest bail in a case registered under Section 9(c) of the Control of Narcotic Substances Act, 1997, relating to the alleged recovery of charas. The core legal question revolved around whether significant contradictions in the weight of the recovered narcotic substance across the FIR, remand application, and rough site-plan warranted the grant of bail. The Lahore High Court held that the unexplained alarming contradictions regarding the weight of the substance made the case a fit one for the grant of bail under Section 51 of the Control of Narcotic Substances Act, 1997, particularly noting that the petitioner had no previous criminal antecedents and was no longer required for investigation. The court accepted the petition and admitted the petitioner to post-arrest bail, while also directing an inquiry into the discrepancies.

  Questions settled

  • Whether unexplained contradictions in the weight of a recovered narcotic substance across police documents entitle an accused to post-arrest bail?
  • Does the absence of previous criminal antecedents support the grant of bail in narcotic cases?
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• Dilawar vs The State and another2018 P Cr. L J 988 · Lahore High Court · 2018-02-23
  post-arrest bailfurther inquirymedical evidence conflictspeedy trialdelay in FIRtentative assessment
  Summary & questions settled

  This petition for post-arrest bail arises from FIR No. 20/2017, involving charges under sections 324, 334, 459, 337-F(v), 337-F(iv), 337-F(iii), 337-F(i), 109, 148, and 149 of the Pakistan Penal Code 1860. The core legal question was whether the petitioner was entitled to bail after arrest given the evidentiary discrepancies and the duration of his incarceration. The Court held that the petitioner was entitled to bail, determining that the case fell under the category of further inquiry. This decision was based on a significant conflict between the ocular account and the medical evidence, specifically regarding the number of firearm injuries attributed to the petitioner versus the actual injuries recorded in the medico-legal certificate. Furthermore, the Court emphasized that an unexplained one-day delay in FIR registration suggested deliberation. The Court also noted that the investigation was complete, the petitioner was a first-time offender, and the prolonged incarceration without trial progress violated the right to a speedy trial. The principle established is that mere heinousness of an offence is insufficient to deny bail when the case otherwise warrants it on merits.

  Questions settled

  • Does a conflict between the ocular account and the medical evidence regarding the number of injuries constitute a ground for further inquiry in a bail application?
  • Can an accused be refused bail solely on the ground of the heinousness of the offence if the case otherwise merits the grant of bail?
  • Is a delay in the registration of an FIR a relevant factor for the court to consider when assessing the merits of a bail petition?
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• Dilawar Khan vs The State2018 LHC 1811 · Lahore High Court · 2018-08-28
  murderocular accountinjured witnessmotivecriminal appealconvictionfirearm injuries
  Summary & questions settled

  This criminal appeal challenges the conviction and sentence of the appellant under sections 302(b), 324, and 337-F(i) read with section 34 of the Pakistan Penal Code 1860, handed down by the Sessions Judge Attock for the murder of the deceased and injuries caused to an eyewitness. The core legal question revolves around whether the prosecution successfully established its case beyond a reasonable doubt through ocular testimony, medical evidence, and motive, notwithstanding certain forensic discrepancies. The Lahore High Court dismissed the appeal, holding that the testimony of the injured eyewitness conclusively established his presence at the crime scene, and that the medical evidence, consistent injuries, and established enmity (motive) robustly corroborated the prosecution's case. The court affirmed that minor forensic mismatches do not dent an otherwise trustworthy and natural ocular account, thereby upholding the conviction and quantum of sentence.

  Questions settled

  • Whether the testimony of an injured witness is sufficient to establish the presence of the witness at the crime scene beyond a reasonable doubt?
  • Does a negative or inconclusive forensic report regarding crime empties and the recovered weapon automatically destroy an otherwise trustworthy ocular account?
  • Can previous murder enmity serve as a reliable motive pointing towards the accused in a criminal trial?
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• Dilawar Hussain vs The State and another2018 P Cr. L J 1434 · Lahore High Court · 2018-02-28
  Drugs Act 1976spurious drugssearch and seizureCode of Criminal Procedure 1898benefit of doubtindependent corroborationDrug Inspectorcriminal appeal
  Summary & questions settled

  This criminal appeal challenges the conviction of the appellant under the Drugs Act, 1976, for manufacturing spurious and substandard drugs. The core legal questions concern the validity of the search and seizure proceedings, the necessity of proving the Drug Inspector's official appointment, and the propriety of convicting one accused when co-accused were acquitted on identical evidence. The Court held that the prosecution failed to establish the appellant's guilt beyond reasonable doubt. Specifically, the Court found that the mandatory requirements of Section 103 of the Code of Criminal Procedure 1898 regarding search and seizure were not satisfied. Furthermore, the prosecution failed to produce the official notification of the Drug Inspector’s appointment, violating the requirements of Section 30 of the Drugs Act, 1976. The Court established the principle that where co-accused are acquitted on the same evidence, the conviction of the remaining accused requires independent corroboration. Consequently, the conviction was set aside, and the appellant was acquitted, as the prosecution failed to prove the essential ingredients of the offence or the appellant's connection to the recovered materials.

  Questions settled

  • Are the provisions of the Code of Criminal Procedure 1898 regarding search and seizure applicable to proceedings under the Drugs Act, 1976?
  • Does the failure to produce the notification of appointment of a Drug Inspector vitiate a prosecution instituted under the Drugs Act, 1976?
  • Can a conviction be sustained against an accused when co-accused have been acquitted on the same set of evidence without independent corroboration?
  • Is compliance with Section 103 of the Code of Criminal Procedure 1898 mandatory for searches conducted under the Drugs Act, 1976?
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• Defence Housing Authority, Islamabad and another vs City District2018 PLJ Lahore 1082, 2018 LHC 916 · Lahore High Court · 2018-05-08Read full judgment →
• Defence Housing Authority Lahore through Secretary vs Mst. Ayesha2018 CLC 1327 · Lahore High Court · 2017-10-16Read full judgment →