PART V INFORMATION TO POLICE AND THEIR POWERS TO INVESTIGATE CHAPTER XIV 154.

Information in cognizable cases: information relating to the, commission of a cognizable offence if given orally to an officer incharge of a police station, shall reduced to writing by him or under his direction and then read over to the informant and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the Provincial Government may prescribe in this behalf: 155. Information in non-cognizable cases: (l) When information is given to an officer incharge of a police station of the commission within the limits of such station of a noncognizable offence, he shall enter in a book to, be kept as aforesaid the substance of such information and refer the information the Magistrate. (2) Investigation into non-cognizable cases: No police-officer shall investigate a noncognizable case without the order of a Magistrate of the First or Second Class having power to try such case [or send the same for trial to the Court of Session]. (3) Any police officer receiving such order may exercise, the, same powers in respect of the investigation (except the power to arrest without warrant) as an officer incharge of a police-station may exercise in a cognizable case. Words subs. by Law Reforms Ordinance. XH of 1972. 156. Investigation into cognizable cases: (1) Any officer incharge of a police-station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would, have power to inquire into or try under the provisions of Chapter XV relating to the place of inquiry or trial. (2) No proceeding of a police-office in any such case shall at any stage be called in question on the ground that the case was one, which such officer was not empowered under this section to investigate. Any Magistrate empowered under Section 190 may order such an investigation as above mentioned. [(4) Notwithstanding anything contained in sub-sections (2) or (3) no police-officer shall investigate an offence under Section 497 or Section 498 of the Pakistan Penal Code, except upon a complaint made by the husband of the woman, or, in his absence by some person who had the care of such woman on his behalf at the time when such offence was committed.] Sub-section (4) added by Law Reforms Ordinance, XII of 1972. 157. Procedure where cognizable offence suspected: (1) If from information received or otherwise, an officer incharge of a police-station has reason to suspect the commission of an offence which he is empowered under Section 156 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police-report and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the Provincial Government may, by general or special order, prescribe in this behalf to proceed, to the spot, to investigate the facts and

circumstance of the case, and, if necessary, to take measures for the 'discovery and arrest of the offender: Provided as follows: -(a) Where local investigation dispensed with: When any information as to the commission of any such offence is given against any person by name and the case is not of a serious nature, the officer incharge of a police-station need not proceed in person or depute a subordinate officer to make an investigation on the spot; (b) Where police-officer incharge sees no sufficient ground for investigation: if it appears to the officer incharge of a police station that there is no sufficient ground for entering on an investigation, he shall not investigate the case. (2) In each of the cases mentioned in clauses (a) and (b) of the proviso to sub-section (1), the officer incharge of the police-station shall state in his said report his reasons for not fully complying with the requirements of that sub-section, and, in the case mentioned in clause (b) such officer shall also forthwith notify to the informant, if any, in such manner as may be prescribed by the Provincial Government the fact that he will not investigate the case or cause it to be investigated. 158. Reports under Section 157 how submitted: (1) Every report sent to a Magistrate under Section 157 snail, if the Provincial Government so, directs, be submitted through such superior officer of police as the Provincial Government, by general or special order, appoints in that behalf. (2) Such superior officer may give such instructions to the officer incharge of the policestation as he thinks fit, and shall, after recording such instructions on such report, transmit the same without delay to the Magistrate. 159. Power to hold investigation or preliminary inquiry: Such Magistrate, on receiving such report may direct an investigation or, if he thinks fit at once proceed, or depute any Magistrate subordinate to him to proceed, to hold a preliminary inquiry into, or otherwise to dispose of, the case in manner provided in this Code. 160. Police-officer's power to require attendance of witnesses: Any police-officer making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person, being within the limits of his own or any adjoining station who, from, the information given or otherwise, appears to be acquainted with the circumstances of the case; and such person shall attend as so required. 161. Examination of witnesses by police: (1) Any police-officer making an investigation under this Chapter or any police-officer not" below such rank as the Provincial Government may, by general or special order, prescribe in this behalf, acting on the requisition of such officer may examine orally any person supposed to be acquainted with the facts and circumstances of the case. (2) Such person shall be bound to answer all- questions relating to such case put to him by such officer, other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture. (3) The police officer may reduce into writing any statement made to him in the course of

an examination under this section, and if he does so he Shall make a separate record of the statement of each such person whose statement he records. 162. Statements to police not to be signed, use of such statements in evidence: (1) No statement made by any person to a police-officer in the course of an investigation under this Chapter shall if reduced into writing be signed by the person making it; nor shall-any such statement or any record thereof whether in a police-diary or otherwise or any part of such statement or record, be used for any purpose (save as hereinafter provided) at any inquiry or trial in respect of any offence under investigation at the. time when such statement was made: Provided that, when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid the Court shall on the request of the accused, refer to such writing and direct that the accused be furnished with a copy thereof, in order that any part of such statement, if duly proved, may be used to contradict such witness in the manner provided by Section 145 of the Evidence Act, 1872. When any part of such statement is so used, any part thereof may also be used in the re-examination of such witness, but for the purpose only of explaining any matter referred to in his crossexamination: Provided further, that, if the Court is of opinion that any part of any such statement is not relevant to the subject-matter of the Enquiry or trial or that its disclosure to the accused is not essential in the interests of justice and is inexpedient in the public interests, it shall record such opinion (but-not the reasons therefore) and shall exclude such part from the copy of the statement furnished to the accused. (2) Nothing in this section shall be deemed to apply to any statement falling within the provisions of Section 32, clause (1) of the Evidence Act, 1872 or to affect the provisions of Section 27 of that Act. 163. No inducement to be offered: (1) No police officer or other person in authority shall offer or make, or cause to be offered or made, any such inducement, threat or promise as is mentioned in the Evidence Act, 1872, Section 24. (2) But no police officer or other person shall prevent by any caution or otherwise, any person from making in the course of any investigation: under this Chapter any statement, which he may be disposed to make of his, own free will. 164. Power to record statements and confessions: (1) Any Magistrate of the First Class and any Magistrate of the Second Class specially empowered in this behalf by the Provincial Government may, if he is not a police officer, record any statement or confession made to him in the course of an investigation under this Chapter or at any time afterwards before the commencement of the inquiry or trial. [(1-A) Any such statement may be recorded by such Magistrate in the presence of the accused, and the accused given an opportunity of cross-examining the witness making the statement], (2) Such statements shall be recorded in such of the manners hereinafter prescribed for recording evidence as is, in his opinion, best fitted for the circumstances of the case: Such

confessions shall be recorded and signed in the manner provided in Section 364, and such statements or confessions shall then be forwarded to the Magistrate by whom the case is to be inquired into or tried(3) A Magistrate shaft, before recording any such confessions explain to the person making it that he is not bound to make a confession and that if he does so it may be used as evidence against him and no Magistrate shall record any such confession unless, upon questioning the person making it, he has reason to believe that it was made voluntarily; and when he records any confession, he shall make a memorandum at the foot of such record to the following effect:-"I have explained to (name) that he is not bound to make a confession and that, if he does so, any confession he may make may be used as evidence against him and I believe that this confession was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him(Signed) A.B. Magistrate. Explanation: It is not necessary that the Magistrate receiving and recording a confession or statement should be a Magistrate having Jurisdiction in the case. Sub-section (1-A) added by Law Reforms Ordinance, XII of 1972. 165. Search by police-officer: (1) whenever an officer incharge of a police-station or a police-officer making an investigation has reasonable grounds for believing that anything necessary for the purposes of an investigation into any offence which he is authorised to investigate may be found in any place within the limits of the police-station of which he is incharge, or to which he is attached, and that such thing cannot in his opinion be otherwise obtained without undue delay, such officer may, after recording in writing the grounds of his belief and specifying in such writing, so far as possible, the thing for which search is to be made, search, or cause search to be made, for such thing in any place within the limits of such station: Provided that no such officer shall search, or cause search to be made, for anything which is in the custody of a bank or banker as defined in the Bankers' Books Evidence Act, 1891 (XVIII of 1891), and relates, or might disclose any information which relates, to the bank account of any person except, -(a) for the purpose of investigating an offence under Sections 403. 406, 408 and 409 and Sections 421 to 424 (both inclusive) and Sections 465 to 477-A (both inclusive) of the Pakistan Penal Code with the prior permission in writing of a Sessions Judge: and (b) in other cases, with the prior permission in writing of the High Court. (2) A police-officer proceeding under sub-section (1) shall, if practicable, conduct the search in person.

(3) If he is unable to conduct the search in person, and there is no other person competent to make the search present at the time, he may, after recording in writing his reasons for so doing require any officer subordinate to him to make the search, and he shall deliver to such subordinate officer an order in writing specifying the place to be searched and, so far as possible, the thing for which search is to be made; and such subordinate officer may thereupon search for such thing in such place. (4) The provisions of this Code as to search warrants and the general provisions as to searches contained in Section 102, Section 103 shall, so far may be, apply to a search made under this section. (5) Copies of any record made under sub-section (1) or sub-section (3) shall forthwith be sent to the nearest Magistrate empowered to take cognizance of the offence and the owner or occupier, of the place searched shall on application be furnished with a copy of the same by the Magistrate: Provided; that he shall pay for the same unless the Magistrate for Some special reason thinks fit to furnish it free of cost. 166. When officer incharge of police station may require another to issue search warrant: (1) An officer incharge of a police-station or a police-officer not being below the rank of sub-inspector making an investigation, may require an officer incharge of another police-station, whether in the same or a different district, to cause a search to be made in any place, in any case In which the former officer might cause such search to be made, within the limits of his own station. (2) Such officer, on being So required, shall proceed according to the provisions of Section 165, and shall forward the thing found, if any. to the officer at whose request the search was made, (3) Whenever there is reason to believe that the delay occasioned by requiring an officer incharge of another police station to cause a search to be made under sub-section (1) might result in evidence of the commission of an offence being concealed or destroyed, it shall be lawful for an officer incharge of a police-station or a police-officer making an investigation under this chapter to search, or cause to be searched, any place in the limits of another police station, in accordance with the provisions of Section 165, as if such place were within the limits of his own station. (4) Any officer conducting a search under sub-section (3) shall forthwith send notice of the search to the officer incharge of the police station within the limits of which such place is situate, and shall also send with such notice a copy of the list (if any) prepared under Section 103, and shall also send to the nearest Magistrate empowered to take cognizance of the offence, copies of the records referred to in Section 165, sub-sections (1) and (3). (5) The owner or occupier of the place searcher shall, on application be furnished with a copy of any record sent to the Magistrate under sub-section (4):

Provided that he shall pay for the, same unless the Magistrate for some special reasons thinks fit to furnish it free of cost. 167. Procedure when investigation cannot be completed in twenty-four hours: (1) Whenever any person is arrested and detained in custody, and it appears that the investigation cannot be completed within the period of twenty four hours fixed by Section 61, and there are grounds for believing that the accusation or information is well founded, the officer incharge of the police-station or the police-officer making the investigation if he is not below the rank of the sub-inspector, shall forthwith transmit to the nearest Magistrate a copy of the entries in the diary hereinafter prescribed relating to the case, and shall at the game time forward the accused to such Magistrate. Explanation : [Omitted by the Ordinance, XXXVII of 2001, dt. 13-8-2001.] (2) The Magistrate to whom an accused person is forwarded under, this section may, whether he has or has not jurisdiction to try the case, from time to time, authorize the detention of the accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole. If he has no jurisdiction to try the case or [send] it for trial, and considers further detention unnecessary, he may order the accused to be forwarded to a Magistrate having such jurisdiction; Provided that no Magistrate of the Third Class, and no Magistrate of the Second Class not specially empowered in this behalf by the Provincial Government shall authorise detention in the custody of the police. (3) A Magistrate authorizing under this section detention in the custody of the police shall record his reasons for so doing. [(4) The Magistrate, giving such order shall forward copy of his order, with his reasons for making it, to the Sessions Judge]. [(5) Notwithstanding anything contained in Sections 60 and 61 or hereinbefore to the contrary, where the accused forwarded under sub-section (2) is a female, the Magistrate shall not exceptin the cases involving QatI or dacoity supported by reasons to be recorded in writing, authorise-the detention of the accused in police custody, and the police officer making an investigation shall interrogate the accused referred to in subsection (1) in the prison in the presence of an officer of jail and a female police officer. (6) The officer incharge of the prison shall make appropriate arrangements the admission of the investigating police officer into the prison for the purpose of interrogating the accused. (7) If for the purpose of investigation, it is necessary that the accused referred to in subsection (1) be taken out of the prison, the officer incharge of the police station or the police officer making investigation, not below the rank of sub-inspector, shall apply to the

Magistrate in that behalf and the Magistrate may, for the reasons to be recorded in writing, permit taking of accused out of the prison in the company of a female police officer appointed by the Magistrate : Provided that the accused shall not be kept out of the prison while in the custody of the police between sunset and sunrise]. Word subs. by Law Reforms Ordinance, XII of 1972. Sub-sec. (4) subs. by Law Reforms Ordinance, XII of 1972. Sub-sections (5) to (7) added by Code of Criminal Procedure (Second Amendment) Act. XX of 1994, 8.2, 168. Report of Investigation by subordinate police officer: When any subordinate police officer has made any investigation under this Chapter, he shall report the result of such investigation to the officer incharge of the police-station. 169. Release of accused when evidence deficient: If upon an investigation under this Chapter, it appears to the officer incharge of the police station or to the police officer making the investigation that there is no sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, such officer shall if such person is in custody, release him on his executing a bond, with or without sureties, as such officer may direct, to appear, if and when so required, before a Magistrate empowered to take cognisance of the offence on a police-report and to try the accused or send him for trial. 170. Case to be sent to Magistrate when evidence is sufficient: (1) If, upon an investigation under this Chapter, it appears to the officer incharge of the police-station that there is sufficient evidence or reasonable ground as aforesaid such officer shall forward the accused under custody to a Magistrate empowered to take cognizance of the offence upon a police-report and to try the accused or send him for trial, or if the offence is bailable and the accused is able to give security, shall take shall take security from him for his appearance before such Magistrate on a day fixed and for his attendance from daytoday before such Magistrate until otherwise directed. (2) When the officer Incharge of a police station forwards an accused person to a Magistrate or take security for his appearance before such Magistrate under this section, he shall send to such Magistrate any weapon or other article which it may, be necessary, to produce before him and shall require the complainant,(if any) and so-many of the persons who appear to such officer to be acquainted with the circumstances of the case as he may think necessary, to execute a bond to appear before, the Magistrate as thereby directed and prosecute or, give evidence (as the case may be) in the matter of the charge against the accused. (3) Omitted by item No. 65 (ii) of Punjab Notification No. SO(J-ff) 1-8/75 (P-V), dated 21.3.1996 for Punjab and by same Item No. of Islamabad Notification No. S.R.O. 255 (I)/96, dated 8-4-1996 for Islamabad only.] (4) [Rep. by the Code of Criminal Procedure (Amendment Act II of 1926 Section 2] (5) The officer in whose presence the bond is executed shall deliver a-copy thereof to one

of the persons who executed it, and shall then send to the Magistrate the original with his report. 171. Complainants and witnesses not to be required to accompany police-officer: No complainant or witness on his way to the Court of Magistrate shall be required to accompany a police officer. Complainants and witnesses not to be subjected to restraint: Or shall be subjected to unnecessary restraint or inconvenience, or required to give any security for his appearance other than his own bond. Reseusant complainant witness may be forwarded in custody: .Provided that, if any complainant or witness refuses to attend or to execute a bond as directed in Section 170, the officer |incharge of the police-station may forward him in custody to the Magistrate who may detain him in custody until he executes such bond, or until the hearing of the case is completed. 172. Diary of proceedings in investigation: (1) Every police-officer making an investigation under this Chapter shall day by day enter his proceedings in the investigation in-a diary setting forth the time at which the information reached him, the time at which he began and closed his investigation, the place or places Visited by him, and a statement f the circumstances ascertained through his investigation. (2) Any Criminal Court may send for the police-diaries of a case under inquiry or trial in such Court, and may use such diaries, not as evidence in the case, but to aid it in such inquiry or trial. Neither the accused nor his agents shall be entitled to call for such diaries, nor shaft he or they be entitled to see them merely because they are referred to by the Court; but, if they are used by the police-officer who made them, to refresh his memory, or if the Court uses them for the purpose of contradicting such police-officer, the provisions of the Evidence Act, 1872, Section 161 or Section 145, as the case may be, shall apply. 173. Report of police officer: (1) Every investigation under this Chapter shall be completed without unnecessary delay, and, as soon as it is completed, the officer incharge of the police-station shall [through the Public Prosecutor]-(a) forward to a Magistrate empowered to take cognizance of the offence on a policereport, a report in the form prescribed by the Provincial Government, setting forth the names of the parties, the nature of the information and the names of the persons who appear to be acquainted with the circumstances of the case, and stating whether the accused (if arrested) has been forwarded in custody or has been released on his bond, and, if so, whether with or without sureties, and (6) communicate, in such manner as may be prescribed by the Provincial Government, the action taken by him to the person, if any, by whom the information relating to the commission of the offence was first given : [provided that, where investigation is not completed within a period of fourteen days from the date of recording of the first information report under Section 154, the officer incharge

of the police station shall, within three days of the expiration of such period, forward to the Magistrate through the Public Prosecutor, an interim report in the form prescribed by the Provincial Government stating therein the result of the investigation made until then and the Court shall commence the trial on the basis of such interim report, unless, for reasons to be recorded, the Court decides that the trial should not so commence], (2) Where a superior officer of police has been appointed under Section 158, the report shall, in any cases in which the Provincial Government by general or special order so directs, be submitted through that officer, and he may, pending the orders of the Magistrate, direct the officer incharge of the police-station to make further investigation. (3) Whenever it appears from a report forwarded under this section that the accused has been released on his bond, the Magistrate shall make such order for the discharge of such bond or otherwise as he thinks fit. (4) A copy of any report forwarded under this section shall, on application, be furnished to the accused before the commencement of the inquiry or trial: Provided that the same shall be paid for unless the Magistrate for some special reason thinks fit to furnish it free of cost. [(5) Where the officer incharge of a police station forwards a report under sub-section (1), he shall along with the report produce the witnesses in the case, except the public servants, and the Magistrate shall bind such witnesses for appearance before him or some other Court on the date fixed for trial.] Words added by Code of Criminal Procedure (Amendment) Act, XXV of 1992, S.2(i). Proviso added by ibid., S. 2 (ii), dated 12-12-1992. Sub-section (5) added by Code of Criminal Procedure (Amendment) Act, XXV of 1992. 174. Police to inquire to report in suicide, etc.: (1) The officer incharge of a police station or some other police officer specially empowered by the Provincial Government in that behalf, on receiving information that a person(a) has committed suicide, or (b) has been killed by another, or by an animal, or by machinery, or by an accident, or (c) has died under circumstances raising a reasonable suspicion that some other person has committed an offence, . . shall immediately give intimation thereof to the nearest Magistrate empowered to hold (inquests and unless otherwise directed by any rule prescribed by the Provincial Government, shall proceed to the place where the body, of such deceased person is, and there, in the presence of two or more respectable inhabitants of the neighbourhood, shall make an investigation, and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises and other marks of injury as may be found oil the body. and stating in what manner, or by what weapons- or instrument (if any), such marks appear to have been inflicted. (2) The report shall be signed by such police officer and other persons, or by so many of them as concur therein, and shall be forthwith forwarded to the [concerned] Magistrate. (3) When there is any doubt regarding the cause of death or when for any other reason

the police-officer considers it expedient so to do, the shall, subject to such rules as the Provincial Government may prescribe in this behalf, forward the body, with a view to its being examined, to the nearest Civil Surgeon, or other qualified medical man appointed in this behalf by the Provincial Government, if the state of the weather and the distance admits of its being so forwarded without risk of such putrefaction on the road as would render such examination useless. (4) [Omitted by A.O., 1949, Sch.] (5) [The Magistrates of the First Class are empowered to hold inquests.] 175. Power to summon persons: (1) A police-officer proceeding under Section 174 may, by order in writing summon two or more persons a& aforesaid for the purpose of the said investigation and any other person, who appears to be acquainted with the facts of the case. Every person so summoned shall be abound to attend and to answer truly, all questions other than Questions the answers to which would have a tendency to expose him to a criminal charge, or to a penalty or forfeiture. (2) If the facts do not disclose a cognizable offence to which Section 170 applies, such persons shall not be required by the police officer to attend a Magistrate's Court. 176. Inquiry by Magistrate into cause of death: (1) When any person dies while in the custody of the police, the nearest Magistrate empowered to hold inquests shall, and in any other case mentioned in Section 174, clauses (a), (b) and (c) of sub-section (1), any Magistrate so empowered may hold an inquiry into the cause of death either .instead of, or in addition to, the investigation held by the police-officer, and if he does so, he shall have all the powers in conducting it which he would have in holding:, an inquiry into an offence. The Magistrate holding such an inquiry shall record the evidence taken by him in connection therewith in any of the manners hereinafter prescribed according to the circumstances of the case. (2) Power to disinter corpses: 'Whenever such Magistrate considers it expedient to make an examination of the dead body of any person who has been already interred, in order to discover the cause of his death, the Magistrate may cause the body to be disinterred and examined. ++++++ QANOON-E-SHADAT ORDER, 1984 +++++++ ============================================= ============================================= Qanoon-e-shadat order 1984 is acode of rules and laws which provides guidelines in the field of evidences, to the effect to finish ambiguity in cases and to bring the court at the right conclusion of justice. The object of Qanoon -e- shadat order is to provide structure, to the effect that any fact intended to be established has to be in accordance with scheme and rules oe Qanoon-eshadat, and if any argument which is based on plausibility and on mere presumptions would have no effect.

The aim of Qanoon-e-shahadat is to revise , amend and consolidate the law of evidence, so as to bring it in conformity with the injunctions of islam as laid down in the Holly Quran and Sunnah. The qanoon-e-shahadat order 1984, applies to all judicial proceedings, e.g, civil proceedings, criminal proceedings, etc before any court, but it does not apply to proceedings which are not judicial. It can be concluded that Qanoon-e-shadat order provides rules, kinds, types of evidences and the manner of recording evidences of witnesses as well as consideration of documents in evidence, etc. ================================================== ================================================== ====================================== DYING DECLARATION: ----------------------------------------------------------------------------------------------------------------------Dying declaration means such statement, which is given by the dying person. inother words dying declaration is a staement made by a person as to the cause of his death, or as to any of the circumstances of the transaction, which resulted in his death. WHEN STATEMENTS RELATE TO CAUSE OF DEATH: =============================================== According to article (46) sub-article (1), " Statement made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person's death comes into question, such statements are relevant whether the person who made them was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question". ESSENTIAL CONDITIONS: =========================== To admit dying declaration in evidence, the following necessary conditions must be proved: 1. When statement made by a person as to the cause of his death or to any of the circumstances of the transaction which resulted in his death.

2. When statement made by a person in cases in which the cause of that person's death comes into question and not of another person. 3. statement made by a person must be competent to testify as a witness under article 3 of qanoon-e-shahadat order 4. A dying declaration is only admissible in evidence when it is proved that the death of the declarant was caused or accelerated by the wounds inflicted by the accused. 5. Before a statement is admitted as dying declaration, it must be proved that the person who made he is dead. 6. Dying declaration must be complete.

EVIDENTIARY VALUE OF DYING DECLARATION. ============================================== Dying declaration is a substantive piece of evidence and can be used against the accused, when there is nothing to suggest that the deceased had substituted an innocent person in place of real culprit. so dying declaration when deliberately made under a solemn sense of impending death and under circumstances wherein the deceased is not likely to be mistaken, is worthy of great weight. But, dying declaration which is incomplete and partly touched-up by interested parties cannot be relied upon .

HOW IT IS PROVED =================================== A dying declaration is admissible whether it has been reduced to writing or not. If it has been recoreded by a magistrate , who is not a committing magistrate, it must be proved by calling the magistrate as a witness. If it has been recorded by the magistrate in the presence of the accused under section 164 and 364 of criminal procedure code, there arises no necessity of producing evidence to prove it. If it has not been reduced in to writing in such case it may be proved by the person to whom it was made or who heard it. CONCLUSION ===================

It is summed up, that the injured person, who is dead, is generally the principle witness and is likely to know more than any other person about the cause of his death. So if an injured person has stated something about the criminal act, which has made against him, is called dying declaration. ESTOPPEL... Estoppel in its broadest sense is a legal term referring to a series of legal and equitable doctrines that preclude "a person from denying or asserting anything to the contrary of that which has, in contemplation of law, been established as the truth, either by the acts of judicial or legislative officers, or by his own deed, acts, or representations, either express or implied." This term appears to come from the Old French estoupail (or a variation), which meant "stopper plug", referring to placing a halt on the imbalance of the situation. The term is related to the verb "estop" which comes from the Old French term estopper, meaning "stop up, impede" Overview... Where a court finds that a party has done something warranting a form of estoppel, that party is said to be "estopped" from making certain related arguments or claiming certain related rights. The defendant is said to be "estopped" from presenting the related defense, or the plaintiff is said to be "estopped" from making the related argument against the defendant. Lord Coke stated, "It is called an estoppel or conclusion, because a man's own act or acceptance stoppeth or closeth up his mouth to allege or plead the truth." Because estoppel is so factually dependent, it is perhaps best understood by considering specific examples. Example 1: A city entered into a contract with another party. The contract stated that it had been reviewed by the city's counsel and that the contract was proper. Promissory estoppel applied to estop the city from claiming the contract was invalid. Example 2: The creditor unofficially informs the debtor that the creditor forgives the debt. Even if such forgiveness is not formally documented, the creditor may be estopped from changing its mind and seeking to collect the debt, because that change would be unfair. Example 3: A landlord informs a tenant that rent has been reduced, for example, because there was construction or a lapse in utility services. If the tenant relies on this notice in choosing to remain in the premises, the landlord could be estopped from collecting the full rent. Estoppel is closely related to the doctrines of waiver, variation, and election and is applied in many areas of law, including insurance, banking, employment, international

trade, etc.[citation needed] In English law, the concept of legitimate expectation in the realm of administrative law and judicial review is estoppel's counterpart in public law, although subtle but important differences exist. Major types.. Reliance-based estoppelsThese involve one party relying on something the other party has done or said. The party who did/said the act is the one who is estopped. Under English law, this class includes estoppel by representation of fact, promissory estoppel. Estoppel by representation of fact (English law name), equitable estoppel (American law) Equitable estoppel (in English law), including Proprietary estoppel Promissory estoppel Estoppel by recordThis frequently arises as issue/cause of action estoppel or judicial estoppel where the orders or judgments made in previous legal proceedings prevent the parties from relitigating the same issues or causes of action, Estoppel by deed (often regarded as technical or formal estoppels)Where rules of evidence prevent a litigant from denying the truth of what was said or done Estoppel by silenceEstoppel that prevents a person from asserting something when he had the right and opportunity to do so earlier, and such silence put another person at a disadvantage. Lachesestoppel in equity by delay. Laches has been considered both a reliance-based estoppel, and a sui generis estoppel. All reliance-based estoppels require the victimised party to show both inducement and detrimental reliance, i.e.: there must be evidence to show that the representor actually intended the victim to act on the representation or promise, or the victim must satisfy the court that it was reasonable for him or her to act on the relevant representation or promise, and what the victim did must either have been reasonable, or the victim did what the representor intended, and the victim would suffer a loss or detriment if the representor was allowed to deny what was said or done detriment is measured at the time when the representor proposes to deny the representation or withdraw the promise, not at the time when either was made, and in all the circumstances, the behavior of the representor is such that it would be "unconscionable" to allow him or her to resile.

Estoppel by representation of fact and promissory estoppel are mutually exclusive: the former is based on a representation of existing fact (or of mixed fact and law), while the latter is based on a promise not to enforce some pre-existing right (i.e. it expresses an intention as to the future). A proprietary estoppel operates only between parties who, at the time of the representation, were in an existing relationship, while this is not a requirement for estoppel by representation of fact.

Where one person (the representor) has made a representation of fact to another person (the representee) in words or by acts or conduct, or (being under a duty to the representee to speak or act) by silence or inaction, with the intention (actual or presumptive) and with the result of inducing the representee on the faith of such representation to alter his position to his detriment, the representor, in any litigation which may afterwards take place between him and the representee, is estopped, as against the representee, from making, or attempting to establish by evidence, any averment substantially at variance with his former representation, if the representee at the proper time, and in proper manner, objects thereto. An estoppel by representation [of fact] will arise between A and B if the following elements are made out. First, A makes a false representation of fact to B or to a group of which B was a member. [It is not necessary to demonstrate A knew that the representation was untrue.] Second, in making the representation, A intended or [in the alternatively,] knew that it was likely to be acted upon. Third, B, believing the representation, acts to its detriment in reliance on the representation. [It must have been reasonable to rely on the representation.] Fourth, A subsequently seeks to deny the truth of the representation. Fifth, no defence to the estoppel can be raised by A. A representation can be made by words or conduct. Although the representation must be clear and unambiguous, a representation can be inferred from silence where there is a duty to speak or from negligence where a duty of care has arisen. Under English law, estoppel by representation of fact usually acts as a defence, though it may act in support of a cause of action or counterclaim. Equitable estoppel (English law) For the American doctrine of equitable estoppel, see Estoppel by representation of fact. Under English and Australian legal systems, estoppels in equity include promissory and proprietary estoppels. (Contrast with estoppel by representation, which is a claim (under the English system) at law.) For more information, see Promissory estoppel and Proprietary estoppel below. Proprietary estoppel..

In English law, proprietary estoppel is distinct from promissory estoppel. Proprietary Estoppel is not a concept in American law, but a similar result is often reached under the general doctrine of promissory estoppel. Traditionally, proprietary estoppel arose in relation to rights to use the land of the owner, and possibly in connection with disputed transfers of ownership. Although proprietary estoppel was only traditionally available in disputes affecting title to real property, it has now gained limited acceptance in other areas of law. Proprietary estoppel is closely related to the doctrine of constructive trust. J. Fry summarized the five elements for proprietary estoppel as: the claimant... ...made a mistake as to his legal rights (typically because the actual owner attempted to convey the property, but the transfer is invalid or ineffective for some reason); ...did some act of reliance; the defendant... ...knows of the existence of a legal right which he (the defendant) possesses, and which is inconsistent with the right claimed by the claimant; ...knows of the claimant's mistaken belief; and, ...encouraged the claimant in his act of reliance. Example: A father promised a house to his son who took possession and spent a large sum of money improving the property, but the father never actually transferred the house to the son. Upon the father's death, the son claimed to be the equitable owner. The court found the testamentary trustees (as representatives of the deceased father's estate) were estopped from denying the son's proprietary interest, and ordered them to convey the land to the son.

Equitable estoppel is distinct from promissory estoppel. Promissory estoppel involves a clear and definite promise, while equitable estoppel involves only representations and inducements. The representations at issue in promissory estoppel go to future intent, while equitable estoppel involves statement of past or present fact. It is also said that equitable estoppel lies in tort, while promissory estoppel lies in contract. The major distinction between equitable estoppel and promissory estoppel is that the former is available only as a defense, while promissory estoppel can be used as the basis of a cause of action for damages.

For an example of promissory estoppel in the construction industry, suppose that B Ltd consolidates estimates from a number of subcontractors and quotes a single price on a competitive tender. The client accepts B Ltd's quote and construction begins. But one of the subcontractors then claims reimbursement above its original estimate and, because of this change, B Ltd cannot profit from the works. If both parties knew that the accuracy of the individual estimates was critical to the success of the tender and the profitability of the contract as a whole, a court might apply promissory estoppel and allow B Ltd to pay only what the subcontractor originally estimated rather than the new, higher price. But, if both parties hoped that there would be an opportunity to increase the contract prices to reflect additional expenditure, the subcontractor's conscience would not be as limited in seeking a higher payment and B Ltd might be penalised for not building an adequate contingency sum into the tendered price. One contentious point during the drafting of the Restatement was how to calculate the amount of damages flowing from a promissory estoppel. During the deliberations, the following example was considered: a young man's uncle promises to give him $1,000 to buy a car. The young man buys a car for $500, but the uncle refuses to pay any money. One view was that the young man should be entitled to $1,000 (the amount promised), but many believed that the young man should only be entitled to $500 (the amount he actually lost). The language eventually adopted for the Second Restatement reads: "The remedy granted for breach may be limited as justice requires." a formula which leaves quantification to the discretion of the court. Other estoppels... Pais... Estoppel in pais (literally by act of notoriety", or "solemn formal act) is the historical root of common law estoppel by representation and equitable estoppel. The terms Estoppel in pais and equitable estoppel are used interchangeably in American law. Convention... Estoppel by convention in English law (also known as estoppel by agreement) occurs where two parties negotiate or operate a contract but make a mistake. If they share an assumption, belief or understanding of how the contract will be interpreted or what the legal effect will be, they are bound by that belief, assumption or understanding if: (i) they both knew the other had the same belief, and (ii) they both based their subsequent dealings on those beliefs. Some say[who?][by whom?] that estoppel by convention is not truly an estoppel in its own right, but merely an instance of reliance-based estoppel (estoppel by representation would be its most frequent form). Others[who?][by whom?] see it as no more than an application of the rule of interpretation that, where words in a contract are ambiguous,

one always interprets those words so as to give effect to the actual intentions of the parties even though that would not be the usual legal outcome. Estoppel by convention is most commonly invoked if one party wishes to rely on precontract negotiation as an aid to construction of the contract, Chartbrook Ltd and another v Persimmon Homes Ltd and another [2009] UKHL 38. Estoppel by acquiescence... Estoppel by acquiescence may arise when one person gives a legal warning to another based on some clearly asserted facts or legal principle, and the other does not respond within "a reasonable period of time". By acquiescing, the other person is generally considered to have lost the legal right to assert the contrary. As an example, suppose that Jill has been storing her car on Jack's land with no contract between them. Jack sends a registered letter to Jill's legal address, stating: "I am no longer willing to allow your car to stay here for free. Please come get your car, or make arrangements to pay me rent for storing it. If you do not do so, within 30 days, I will consider the car abandoned and will claim ownership of it. If you need more time to make arrangements, please contact me within 30 days, and we can work something out." If Jill does not respond, she may be said to have relinquished her ownership of the car, and estoppel by acquiescence may prevent any court from invalidating Jack's actions of registering the car in his name and using it as his Estoppel by deed... Estoppel by deed is a rule of evidence arising from the status of a contract signed under seal such agreements, called deeds, are more strictly enforced than ordinary contracts and the parties are expected to take greater care to verify the contents before signing them. Hence, once signed, all statements of fact (usually found in the opening recital which sets out the reason(s) for making the deed) are conclusive evidence against the parties who are estopped from asserting otherwise. Conflict Estoppel... an inconsistent position, attitude or course of conduct may not be adopted to loss or injury of another Brand v. Farmers Mut. Protective Assoc of Texas, Tex. App 95 S.W.2d 994, 997. For example, as between two or more claimants, a party that takes multiple and inconsistent legal positions is estopped to assert its positions against another consistent and certain claim, i.e. preferential treatment for certain over uncertain claims. Issue estoppel... estoppel when a issue arises. Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiTweet this Post! Reply With Quote

The Following 2 Users Say Thank You to imran bakht For This Useful Post: ouneeb (4 Days Ago), sillent.killer (Friday, November 19, 2010) #3 Old Tuesday, October 19, 2010 imran bakht imran bakht is offline Senior Member Medal of Appreciation: Medal of Appreciation - Issue reason: Join Date: Jul 2010 Location: K.P.K Posts: 495 Thanks: 291 Thanked 389 Times in 226 Posts imran bakht has a spectacular aura aboutimran bakht has a spectacular aura about Default IDENTIFICATION PARADE: --------------------------------------------------------------------------------------------------------------------------------------An examination conducted by the magistrate during the course of investigation, for the purpose of identifying a culprit through victom or witness is identification parade. Identification parade is a technical procedure in which a criminal suspect and other similar persons are shown to the witness in order to find the actual culprit, and to launch a prosecution against him. The identification parades are held by the police in the course of investigation for the purpose of enabling witnesses, to identify the property which is the subject matter of the offence or to identify the culprits, who had made good their escape and were not caught on the spot . In the case of identification of the accused, he is mixed-up with several other persons and the witness is required to pick-out the person, whom he claims to have seen in the commission of the offence or crimje. Identification proceedings are facts which estaclish the identity of the accused persons and are themselves relevant. But evidence of identification parade is only relevant if it is conducted in-accordance with the requirements of article (22) of Qanoon-e-shahadat order, It must be remembered that holding of identification parade is not a requirement of law but only one of the methods to test the veracity of the evidence of an eye-witness who has had an occasion to see the accused and claims to identify him. OBJECT OF IDENTIFICATION PARADE -------------------------------------------------------------------------------------------------------------------------------------------

The object behind the identification proceeding is to find-out whether the suspect (accused) is the real offender or not. Sole purpose of identification is to ensure that an innocent person, either deliberately or by mistake is not involved. Although, Identification is not legal requirement, however, when necessary, it is the duty of court to examine that all possible steps were taken for holding fair identification parade and the witnesses at their own correctly picked-up the culprits. An identification parade, if it has to have any value must be held by a magistrate and in the absence of police. RELEVANCY AND EVIDENTIARY VALUE OF IDENTIFICATION: --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------In cases, where the offenders are not caught at the spot, the names of the culprits are not found in the first information report, and they are caught after some time, the identification parade is held and often the fate of the prosecution case depends upon the satisfactory character of identification proceedings in such cases. Identification test of accused person cannot as a rule form sufficient basis for conviction, yet can necessarily be used in support of other evidence against them. The fact of identification in a parade by itself not substantive evidence but is admissible under article 22, and provides strong corroboration to the identification made in court. ================================================== ================================================== ======================================

JUDGEMENT-IN-REM : ------------------- - - - - - - - - - -- - - - - - - Judgement-in-rem means an adjudication pronounced upon, the status of some particular matter by a competent authority or court. A judgement-in-rem is always admissable in any suit in which the status , which it has declared, is in question. It is, valid against the entire world and not only inter-parties. In other words juggement-in-rem is a judgement which binds all men, and not only the parties to the suit in which it was passed, and that it belongs to possitive law,

to say which judgement are to be judgement-in-rem whether for reasons of international comity or domestic expediency. A judgement-in-rem is one, which declares, defines or otherwise determines the status of a person or of a thing, that is to say, the jural relation of the person or thing to the world generally. Such a judgement furnishes conclusive evidence of the points it decides, not only against the parties who are actual litigants in the case, but against all others. JUDGEMENT-IN-PERSONAM - - - - - - - -- - - - - - - - - - - - - - - - - -------------------------Judgement-in-personam means, a judgement inter-parties, it is an ordinary judgement between the parties , in cases of contract , torts or crime. In other words judgement-in-personam means a judgement between the parties in a suit, it is such judgement that impose personal liability on a defendant and that may therefore be satisfies out of any of the defendant"s property within judicial reach. POINTS OF DIFFERENCE BETWEEN JUDGEMENT-IN-REM AND JUDGEMENTIN-PERSONAM: (1). A judgement-in-rem is conclusive against the world as to the status of the res. A judgement-in-personam is conclusive only between parties or privies. (2). The final judgement of probate, matrimnial, admiralty or insolvency courts confering on or taking away from any person any legal character or declaring any person to be entitled to any legal character or to any specific thing, are instances of judgement -in-rem, while judgement-in-personam is the resolution of a particular dispute between two parties. (3). A judgement-in-rem is an exception to the rule of law that, " no man should be bound by the decision of court of justice unless he or those under whom he claims be parties to proceedings in which such judgement was given." ALIBI Alibi is a plea of defence, (in respect of innocence of accused) by which the accused suggests to the court that he was some where else at the time of commission of alleged offence. Where an alleged offence has been committed, and the prosecution accuses a person of having committed the same, in fit circumstances, it would be a complete answer to the accusation for that person to plead that he was at the time of occurence else-where.

Alibi as an evidence is admissible under article 24 of qanoon-e-shahadat as it postulates physical impossibility of the presence of accused at scene of the offence by reason of his presence at another place. Plea of Alibi can succeed only if it was shown that accused was so far away at the relevant time that he could not be present at the place where the crime was committed. Plea of Alibi should be taken at the earliest and must be supported by strond evidence. The burden of prooving this plea is on accused, and if that person succeeds in establishing that plea, he will be entitled to acquittal. RES-GESTAE Res-gestae is a latin word, it means the events at issue, or other events contemporaneous with them. Res-gestae has been broadly defined as matter incidental to the main fact and explanatory of it, including acts and words which are so closely connected therewith as to constitute a part of the transaction and without a knowledge of which the main fact might not be properly understood. There are many incidents which though not strictly in issue, yet be regarded as forming part of it, in the sense that they closely accompany and explain that fact. these constituent or accompanying incidents are in law said to be admissible as forming part of the Resgestae or main fact. The evidence about the fact, which is also connected with the same transaction, cannot be said to be inadmissible or irrelevant. There is no provision of law which lays-down that evidence can be led only in respect of that matter which is the subject-matter of the charge. Facts forming part of the same transaction though not in issue but so cnnected with a fact-in-issue as to form part of the same transaction are relevant. The rule as to admissibility of evidence as res-gestae, is embodied and illustrated in articles (19), (20), (21), (22) and (27). In other words occasion, cause, effect, motive, preparation, conduct, explanatory or introductory facts, etc, are the various modes in which facts form parts of Res-gestae.

TAZKIYAH-TUL-SHAHOOD. ---------------------------------------------------------------************************************************** **** ----------------------------------------------------------------

Tazkiyah means the mode of enquiry conducted by the court. In-order to ascertain whether the evidence of the witness is acceptable or not and for the purpose of declaring a witness "adil" (bearing good moral character) . Tazkiyah-tul-shahood means to conduct an open and confidential inquiry to ascertain whether the witnesses are credible or otherwise. In-accordance with the injunctions of islam as laid down in the Holy Quran and Sunnah, the court in tazkiya-tul-shahood satisfy itself that the witness is truthful and abstain from major sins or not. Tazkiyah (purgation) is a piculiarity and a product of islamic procedure. In its scope and extent it is distinguishable from the term cross-examination. The object of Tazkiyah-tul-shahood is that if a false witness makes a statement , it should be thoroughly investigated so that it may not harm anyone. Tazkiyah-tul-shahood is compulsory in cases of Hadood and Qisas because doubts cause removal of Hadood/Qisas punishment. HOSTILE WITNESS: ----------------------------------------------------------------------------------------A witness who is biased against the examining party or who is unwilling to testify. A hostile witness may be defined as one who from the manner in which he gives evidence shows that he is not desirous of telling the truth to the court. A witness is not to be considered hostile simply because he gives unfavourable statement. A witness is hostile, when in the opinion of the court , he bears hostile intention to the party calling him. A witness should not be treated hostile simply because he does not support the prosecution case in all respects. He is hostile when his temper, attitude, demeanour etc, shows a distinctly hostile feelings towards the party calling him, or when concealing his true sentiments he does not exhibit any hostile feelings, but make statement contrary to what he has called to prove and by his manner of giving of evidence and conduct shows that he is not desirous of giving evidence fairly and telling the truth to the court. The prosecution cannot cross-examine its own witness, but the court has got wide discretionto allow the prosecution to cross-examine prosecution witnesses after declaring them hostile. PRINCIPLES APPLLCABLE TO THE ASSESSMENT OF EVIDENCE OF HOSTILE WITNESS:-

No har and fast rule can be laid down as to the assessment of evidence of hostile witness. But where the court finds that certain facts disclosed by a hostile witness, corroborating the story as set-up by other witnesses, can safely accept as true and in support of the version of the other witnesses. It would be wrong to suggest that the evidence of hostile witness has to be discreditted wholly. The testimony of the hostile witness cannot be left-out of consideration and the evidence has to be considered like the evidence of any other witness, but with a caution for the simple reasons that the witness has spokenin different tones. When a person speaks in different voices, it is for the court to decide, in what voice he speaks the truth.

Major drug producers or hubs for drug transit: Afghanistan It grew 93 percent of opium poppy in the world . The export value of this harvest was $4 billion, which is more than a third of the country's combined gross domestic product. ___ The Bahamas It is a transit hub for moving cocaine from South America and marijuana from Jamaica. The country's police force seized $7.8 million in drug-related cash, five vessels and a plane in 2007. Other officials seized 1,389 pounds of cocaine and approximately 56 tons of marijuana. ___ Bolivia It is the third-largest producer of cocaine in the world, accounting for an estimated 127 tons. It also is a transit point from cocaine from Peru and a grower of marijuana that is mostly consumed within the country. It is legal to grow up to 29,652 acres of coca leaf for traditional uses, an allotment that the nation's government may increase. ___ Brazil Brazil is a major transport hub for cocaine base and cocaine hydrochloride, and to a lesser extent a hub for heroin. In 2007 the nation's federal police seized 14 tons of cocaine hydrochloride, 2,019 pounds of cocaine base, 1,076 pounds of crack, 169 tons of marijuana and 35 pounds of heroin. ___ Burma It is the world's second largest producer of opium poppy, and cultivation increased in 2007 after dropping steadily between 1998 and 2006. The increase is slight, however, in comparison with production before 1998. It was one of two countries the administration designated as having "failed demonstrably" to meet its counternarcotics agreements over the year. ___ Colombia Colombia, the world's number one cocaine supplier, is also a major supplier of heroin and precursor chemicals. In 2007 the government seized 144 tons of cocaine and 350,000 gallons of precursor chemicals. It also destroyed 240 cocaine hydrochloride

labs and 2,875 coca base labs. ___ Dominican Republic It is a major transit country for cocaine and heroin from South America. In 2007 the country's authorities seized approximately 4 tons of cocaine, 226 pounds of heroin, 17,902 units of MDMA and 1,128 pounds of marijuana. ___ Ecuador It is a major transit point for cocaine, heroin and precursor chemicals. In 2007 the government seized 25 tons of cocaine, 397 pounds of heroin and 1,631 pounds of cannabis. It also identified cocaine laboratories and plots of coca plants. ___ Guatemala It is a major transit hub for cocaine and heroin from South America. Although it is not a major producer, poppy cultivation has begun to rise. ___ Haiti It is a major hub for transportation of cocaine from South America and marijuana from the Caribbean. In 2007 smuggling using small aircraft from Venezuela increased 38 percent and 29 illicit landing strips were identified. Fast boats also arrive on the southern coast transporting cocaine from South America. ___ India It is a hub for heroin transport. Drugs are smuggled from Burma, and hashish and marijuana are smuggled from Nepal. Most heroin produced within India is used domestically, but a growing amount is being shipped overseas. India is the only country the international community has authorized to produce opium gum for pharmaceutical uses. ___ Jamaica It is the largest producer of marijuana and marijuana-derived products in the Caribbean. It is also a major hub for drug transit. Marijuana seizures decreased by 8 percent in 2007 to 46 tons. Cocaine seizures also decreased in 2007. ___ Laos The country had record low levels of opium cultivation in 2007. But Southeast Asian heroin, amphetamine-type stimulants and narcotic precursor chemicals also travel through Laos to other countries in the region. ___ Mexico Approximately 90 percent of all cocaine consumed in the United States travels through Mexico. The country is also a source of heroin, methamphetamines and marijuana. In 2007 Mexican officials intercepted more than 52 tons of cocaine, 2,396 tons of marijuana, 643 pounds of opium gum, 656 pounds of heroin and 1,981 pounds of methamphetamines. ___ Nigeria It is home to major drug trafficking networks that move cocaine and heroin to developed countries. Between January and September 2007 Nigerian officials seized 101,272 pounds of cannabis, 571 pounds of cocaine, 189 pounds of heroin and 450 pounds of psychotropic substances. ___ Pakistan It is a major hub for transportation of opiates and hashish from Afghanistan. It also saw an increase in poppy cultivation to about 5,720 acres, up from 4,715 acres the previous year. More than 1,482 acres were eradicated.

___ Panama Panama is a key transport hub for drugs coming from Colombia. In 2007 the government seized 66 tons of cocaine, including the largest recorded maritime seizure of 17 tons in March. ___ Paraguay It is the largest marijuana producer in South America. It is also a transit route for cocaine produced in the Andes. In 2007 the government seized 1,808 pounds of cocaine, 100 metric tons of marijuana and 18 vehicles. ___ Peru It is a major producer of cocaine and a big importer of precursor chemicals. In 2007 the government eradicated 27,322 acres of coca. An additional 2,511 were eradicated voluntarily. ___ Venezuela It is one of the key routes for drugs coming out of Colombia. In 2007 drug seizures in Venezuela dropped, but third-country seizures of drugs coming out of Venezuela rose. It was one of two countries the administration designated as having "failed demonstrably" to meet its counternarcotics agreements. Drug Information Anti Narcotics (BPS-17)

Opium Papaver somniferum var. album, is the species of plant from which opium and poppy seeds are extracted. Opium is the source of many opiates, including morphine, thebaine, codeine, papaverine, and noscapine. The plant itself is also valuable for ornamental purposes, and has been known as the "common garden poppy", referencing all the group of poppy plants. Derivative of Opium Morphine Morphine is an extremely potent opiate analgesic psychoactive drug. , is the principal active

ingredient in Papaver somniferum (opium poppy, or simply opium), is considered to be the prototypical opioid. In clinical medicine, morphine is regarded as the gold standard, or benchmark, of analgesics used to relieve severe or agonizing pain and suffering. Heroin Heroin and Opium are derived from poppy plant. Heroin, or diacetylmorphine, also known as diamorphine, is a synthesized from morphine, a derivative of the opium poppy. Heroin is used as both a pain-killer and a recreational drug. Frequent and regular administration is associated with tolerance, moderate physical dependence, and severe psychological dependence. Manufacturing: Heroin, also known as diacetyl morphine is produced from acetylation of morphine derived from natural opium sources. Numerous mechanical and chemical means are used to purify the final product. Methods of Use: Heroin, also known as diacetyl morphine is produced from acetylation of morphine derived from natural opium sources. Numerous mechanical and chemical means are used to purify the final product. a. One of the most common methods of illicit heroin use is via intravenous injection . b. May administer the drug through snorting.

c. Smoking by inhaling its vapors when heated; either with tobacco in a rolled cigarette or by heating the drug on aluminum foil from underneath. Effects: Intravenous users typically experience the rush within 7 to 8 seconds after injection, while intramuscular injection produces a slower onset of this euphoric feeling, taking 5 to 8 minutes. When heroin is sniffed or smoked, the peak effects of the drug are usually felt within 10 to 15 minutes. In addition to the initial feeling of euphoria, the shortterm effects of heroin include a warm flushing of the skin, dry mouth, and heavy extremities. Chronic users may develop collapsed veins, infection of the heart lining and valves, abscesses, cellulites, and liver disease. Pulmonary complications, including various types of pneumonia, may result from the poor health condition of the abuser, as well as from heroin's depressing effects on respiration. CANNABIS Derivatives of Cannabis Hashish It is derived from female cannabis (Hemp/Bhang) plant. Hashish is a preparation of cannabis composed of the compressed stalked resin glands

called trichomes, collected from the cannabis plant (Bhang). Hashish is often a solid or paste-like substance of varying hardness and pliability, and will soften under heat. Its color can vary from green, yellow, black, reddish brown, or most commonly light to dark brown. Manufacturing: Hashish is made from cannabinoid-rich glandular hairs known as trichomes, as well as varying amounts of cannabis flower and leaf fragments. The flowers of a mature female plant contain the most trichomes, though trichomes are found on other parts of the plant. The resin reservoirs of the trichomes, sometimes erroneously called pollen are separated from the plant through various methods. The resulting powder is compressed into blocks of hashish aided by heat, which can be easily stored and transported. Marijuana Marijuana is the most commonly abused illicit drug. A dry, shredded green/brown mix of flowers, stems, seeds, and leaves of the plant Cannabis sativa, it usually is smoked as a cigarette (joint, nail), or in a pipe (bong). It also is smoked in blunts, which are cigars that have been emptied of tobacco and refilled with marijuana, often in combination with another drug. It might also be mixed in food or brewed as a tea. As a more concentrated, resinous form it is called hashish and, as a sticky black

liquid, hash oil. Marijuana smoke has a pungent and distinctive, usually sweet-and-sour odor. Effects: When marijuana is smoked, its effects begin immediately after the drug enters the brain. Smoking marijuana deposits several times more THC into the blood than does eating or drinking the drug. Within a few minutes after inhaling marijuana smoke, an individuals heart begins beating more rapidly, the bronchial passages relax and become enlarged, and blood vessels in the eyes expand, making the eyes look red. A marijuana user may experience pleasant sensations, colors and sounds may seem more intense, and time appears to pass very slowly. The users mouth feels dry, and he or she may suddenly become very hungry and thirsty. His or her hands may tremble and grow cold. Coca Leaf Derivatives of Coca Leaf Cocaine It is derived from Coca leaf. Cocaine is a powerfully addictive stimulant that directly affects the brain. Cocaine is not a new drug. and coca leaves, the source of cocaine, have been ingested for thousands of years. Pure cocaine was first extracted

from the leaf of the Erythroxylon coca bush, which grows primarily in Peru and Bolivia, in the mid19th century. The powdered, hydrochloride salt form of cocaine can be snorted or dissolved in water and injected. Crack is cocaine that has not been neutralized by an acid to make the hydrochloride salt. This form of cocaine comes in a rock crystal that can be heated and its vapors smoked. The term crack refers to the crackling sound heard when it is heated. Effects: Cocaine is a powerfully addictive drug. Cocaines effects appear almost immediately after a single dose, and disappear within a few minutes or hours. Taken in small amounts (up to 100 mg), cocaine usually makes the user feel euphoric, energetic, talkative, and mentally alert, especially to the sensations of sight, sound, and touch. It can also temporarily decrease the need for food and sleep. Some users find that the drug helps them perform simple physical and intellectual tasks more quickly, while others experience the opposite effect.

Psychotropic Substances Derivatives Ecstasy (MDMA)

MDMA (3,4-methylenedioxymethamphetamine) is a synthetic, psychoactive drug chemically similar to the stimulant methamphetamine and the hallucinogen mescaline. MDMA is an illegal drug that acts as both a stimulant and psychedelic, producing an energizing effect, as well as distortions in time and perception and enhanced enjoyment from tactile experiences. Adolescents and young adults use it to promote euphoria, feelings of closeness, empathy, sexuality and to reduce inhibitions. It is considered a "party drug" and obtained at "rave" or "techno" parties. Although MDMA is known universally among users as ecstasy, researchers have determined that many ecstasy tablets contain not only MDMA but also a number of other drugs or drug combinations. Methamphetamine Today, methamphetamine is second only to alcohol and marijuana as the drug used most frequently in many Western and Midwestern states. Seizures of dangerous laboratory materials have increased dramatically. Methamphetamine is a highly addictive drug with potent central nervous system stimulant properties. In the 1960s, methamphetamine pharmaceutical products were widely available and extensively diverted and abused. Buprenorphine

Buprenorphine is a semi-synthetic opiate with partial agonist actions at the antagonist actions at other opioid receptors. Buprenorphine hydrochloride was first marketed in the 1980s by Reckitt & Colman (now Reckitt Benckiser) as an analgesic, available generally as Temgesic 0.2 mg sublingual tablets, and as Buprenex in a 0.3 mg/ml injectable formulation. In October 2002, the Food and Drug Administration (FDA) of the United States of America additionally approved Suboxone and Subutex, buprenorphine's high-dose sublingual pill preparations for opioid addiction, and as such the drug is now also used for this purpose. Use:Buprenorphine is also used recreationally, typically by opioid users. Users sometimes report a feeling of general well-being, perhaps even to the point that they may become more outgoing or talkative. Due to the high potency of tablet forms of buprenorphine, only a small amount of the drug need be ingested to achieve the desired effects. The buprenorphine preparation, Suboxone, comes in an orange lemon-lime flavored tablet for sublingual administration. The taste of Suboxone is described by some to be very unpleasant. Subutex is unflavored and very bitter. Effects:Common adverse drug reactions associated with the use of buprenorphine are similar to those of other opioids and include: nausea and

vomiting, drowsiness, dizziness, headache, itch and dry. The most severe and serious adverse reaction associated with opioid use in general is respiratory depression, the mechanism behind fatal overdose. Buprenorphine behaves differently than other opioids in this respect, as it shows a ceiling effect for respiratory depression. National Drug Abuse Assessment 2006 / 07
United Nation Office on Drugs and Crime (UNODC) in collaboration with the Ministry of Narcotics Control, Anti Narcotics Force, carried out a National Drug Abuse Assessment 2006/07. The report on this Assessment contains data of opioid users and also highlights statistics and analysis of patterns and trends in drug abuse in Pakistan.

Factors Responsible for Increase of Drug Abuse in Pakistan

Increased availability of drugs at low prices. Rapidly changing social norms which place new demands on individuals for which drugs offer a false solution. Lack of jobs and economic frustration Lack of proper interest in education, peer pressure and negligence of parents. Existence and operation of drug dens. Lack of drug education within the family and in educational institutions. Apathy on the part of community leaders in responding to drug abuse symptoms.

Drug of Choice

Hashish (cannabis) is the most commonly used substance Sedatives and Tranquilizers Heroin Opium Injecting drug use Ecstasy Solvent Abuse among Street Children

Opioid Users(estimated number of 628,000 opoid users in Pakistan)

What are Opioids

Opium Heroin Buprenorphine, Sosegon, Codeine, Morphine, Pentazocine are Synthetic Opioids Heroin Users: Heroin remained the most popular drug being abused by 77% or approximately 484,000. These findings mirror those of Drug Abuse Assessment undertaken in 2000 (estimated number of heroin users in 2000 drug abuse assessment was 500,000). Given the massive increase of opium and heroin production in neighboring Afghanistan this stability in prevalent rates is a notable achievement. Age Group: The opioid users fall in the age bracket of 15-64 years which is very high rate.

Drug Injecting Users

Over the last one decade the drug abuse problem has become more complicated as the number of IDUs has doubled. There are an estimated 125,000 injecting drug users. It is important to note that in the year 2000 the absolute number of injecting drug users in Pakistan was 60,000, which almost doubled in 2006, an alarming trend that needs to be addressed on priority. In 1990s the proportion of injecting users was reported between 2 and 8 percent of opiod users. In 2000 injecting was reported among 15 percent (60,000) In 2006 up to 29 percent (125,000) injected drugs.

Major Drugs of Use

Cannabis is the most commonly used substance followed by sedatives and tranquilizers, such as benzodiazepines, heroin, opium and other opiates Ecstasy & cocaine (ATS) are emerging drugs especially among youth belonging to the higher socio-economic groups in some urban centres in Pakistan Inhalant abuse is common among street children

Initiation of Drug

Average age of initiation of drug use is 18 years Majority of drug users interviewed had used Charas (Cannabis) as the first substance in their lifetime

Reasons of Starting Drugs

Influence of friends or peer pressure Social and family stresses Sibling or other family members use of drugs

To heighten sexual pleasure To overcome frustrations/tragedies As pain medication

Introduction

The treatment and rehabilitation of drug addicts can be defined as a journey from drug dependence to a healthy, drug-free lifestyle. The process is long and painful. Addicts need maximum assistance and care to be able to abstain from drugs and to break the addictive cycle, hence the need for comprehensive treatment and rehabilitation programmes that conform to the biological, psychological and social needs of individuals. Hence the requirement of a separate specialized and independent centres/hospital for the drug abusing population. In Pakistan, majority of existing treatment and rehabilitation facilities provide detoxification services only, particularly in the public sector run health facilities, and no rehabilitation programmes exist. All district hospitals are mandated to have one ward exclusively for treatment of drug addicts. These wards however only provide detoxification facilities. Rehabilitation programmes are extremely costly and demand highly motivated people to take care of drug addicts and their particular circumstances. To cater for needs of hundreds of thousands of heroin addicts alone, is beyond the capacity of any organization. Since rehabilitation, particularly in Pakistan, would imply job assessment, job training, job placement, employment etc, the difficulties involved under the given social circumstances are imaginable As per section 52 and 53 of CNSA Act 1997 the responsibility for the registration and rehabilitation of drug addicts falls within the purview of the Provincial Government. However to provide quality treatment and meet the growing deficiency of treatment facilities the Anti Narcotics force, has undertaken the following measures:o Setting up of Model Addiction Treatment and Rehabilitation Centres: Islamabad, Quetta & Karachi. Two Model Addiction Treatment & Rehabilitation Centres were established at Islamabad and Quetta. The projects started in July 2004. Both were 20 bedded centres providing free treatment, food, boarding and rehabilitation to drug addicts. Efforts were also made for their job placement. In July 2007 the centres were upgraded to 45 beds. Third Model Addiction Treatment & Rehabilitation Centre Benazir Shaheed ANF Hospital has been established on May 2010 at Karachi. It is a 60 bedded hospital.

Vision
Drugs free Society through Advocacy, Primary Prevention and Best Practices in Treatment and Rehabilitation.

Mission
Ensure best possible service directly and indirectly to reduce the drugs Demand and providing professional support in maintaining the recovery process to prevent the recurring relapse, ensuring reduction of supply.

Objectives

Detoxification and rehabilitation facility to drug addicts Minimizing the risk of relapse and re-integration of the recovering addicts in the society Rehabilitation and vocational training to the detoxified addicts Enabling the addicts to be self reliance Be the valuable parts of the societal machinery

Treatment Methodology