Showing posts with label Special Law. Show all posts
Showing posts with label Special Law. Show all posts

Wednesday, November 23, 2011

Pakistani case law on CrPC's applicability on Special Laws

Abid Saeed v. The State 2002 P Cr. LJ 1818
Where a statute has created a special offence and lays down a special procedure for investigation and trial of such offence, it is that procedure that must be followed and not the ordinary procedure.  Page 1826.
Perusal of provisions of the Customs Act and CrPC would show that that Sections 161, 162, 163 and 185-A contain similar provisions as contained in CrPC for regulating arrest, search , report, remand, enquiry, charge sheet as well as taking of the cognizance of the offence under the Act. When a special enactment contains procedural provisions in respect of such matters, the provisions of Cr.PC  in terms of Section 5(2) of CrPC will not be applicable. Page 1841