VOICE  OF  PRISONERS

Practice Areas

I Noor Alam Khan Advocate Supreme Court is a man of diverse interest so my practice area also have lots of diversity and i believe with passion and hardworking i can make possibles the impossibles

note  please:  In below paragraphs we have given just a touch to various laws for more information please contact with us thanks;

EXPERTISE

• Criminal Defense

• Criminal Defense

• Trial Practice

• Arbitration

• Banking Laws

• Civil Law

• Construction Law

• Company Incorporation

• Criminal Law

• Family Law

• Inheritance Law

• Labour Law

• Maritime Law

• Attorneys 

• Rule Of Law 

• Mediation 

• Appeals

• Trials

• Family Law

• Intellectual Property 

• Employment Law

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Control OF Norcotics Substance Act 1997

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POSSESSION & PRESUMPTION IN THE CONTROL OF NARCOTIC SUBSTANCES ACT, 1997

BY:
NOOR ALAM KHAN ASC,
MEMBER KPK BAR COUNCIL, PESHAWAR
MEMBER EXECUTIVE SCBA OF PAKISTAN
CHAIRMAN
VOICE OF PRISONERS

The word “possess” has been used in Section 6, 12, 22, 24, 29, 32, 39, which is relating to possession of Narcotics substances. Word "possess " connotes some type of knowledge about the thing possessed by a person.[1] It is necessary to show that accused had article which turned out to be narcotic drugs. Prosecution must prove that accused is knowingly in control of something in the circumstances, which showed that he is assenting to be in control of it and it is not necessary to show in fact that accused had actual knowledge of that which he had. Knowledge is an essential ingredient of the offence as word "possess " connotes in the context of S.6 of Control of narcotic Substances Act, 1997 would be frustrated.[2] Some sort of knowledge' about the things possessed. Accused must be knowingly in control of something in the circumstances which showed that he is assenting to being in control of the same. Not necessary to show in fact that accused had actual knowledge of that which he had.[3] It is also mean as "possession with knowledge".[4] in a wider sense so as to include transport, despatch and delivery. Transportation within the country is also prohibited and the finding relating to the ownership is not required.[5] Knowledge is an essential ingredient of the offence as the word `possess" connotes in the context of S.6, possession with knowledge. Legislature could not have intended to make mere physical custody without, knowledge an offence. 

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Family Law

 

A Muslim Marriage is a civil contract which can be executed and dissolved like any other contract, however it is automatically dissolved on the death of either spouses. Additionally spouses legal right to dissolve marriage contract is also recognized in Islam and hence both are entitled with a religious rights to dissolve a marriage. Husband has an inalienable legal right of divorce by way pronouncement of Talaq on the other hand wife can only exercise the right of divorce if the same is granted to her in her marriage contract or nikkhanama. If in the event the right of divorce is not granted to the wife then she has recourse of filing for khula before the family courts of law to obtain judicial divorce.
It is critically important to note that whether the marriage has been dissolved through talaq or khula, it must be legally recognized failing which serious doubts may arise about the effectiveness of the divorce, such as a case of bigamy or zina against a woman who later remarries, or difficulties in settling issues related to the divorce such as past maintenance or claiming deferred haq mehr. The paternity of children can also be dispute. Therefore as per Pakistani Law it is vital to obtain dissolution of marriage certificate from concerned government office as a documentary proof of dissolution of marriage. However it is also important to note that as per Islamic scholars, divorce once pronounced by the husband and khula once obtained from the court of law is effective and binding.