S. 9/C read with 3/4 Prohibition (Enforcement of Hadd) Order W, 1979–Retrospective or prospective effect–Question of–Contention that being penal Ordinance Control of Narcotic Substances Ordinance, 1995 cannot have retrospective effect unless specifically provided in Ordinance itself–Further submitted that Article 12 of Constitution of Pakistan 1973, safeguard petitioners right and provides protection against retrospective punishment–Petitioners allegedly committed an offence under Article 3/4, Prohibition (Enforcement of Hadd) Order N, 1979–Trial of petitioners for offences U/S 9/C of Control of Narcotic Substances Ordinance, 1995 would be in violation of safeguard provided under Article 12 of Constitution of Pakistan 1973–In control of Narcotic Substances Ordinance, 1995, it is no where provided that it would have retrospective effect–Ordinance cannot be termed merely a procedural law but it materially affects rights of individuals, and therefore, cannot be permitted to have retrospective effect–This Ordinance is prospective in nature and persons who committed offences prohibited by this ordinance on day of its enforcement or thereafter shall be governed by this Ordinance and not persons who have committed offences prior to its enforcement–Nexus is time of commission of offence and not time of commencement of trial or its conclusion–Any piece of legislature which deals with punishment cannot be termed mere a procedural legislature–While examining and interpreting a statute it has to be seen that an Ordinance or statute is not enforced in contravention of provisions of constitution 1973–Control of Narcotic Substances Ordinance VI, 1995 repealed a number of Acts and Ordinances specifically but Prohibition Order N, 1979 has not been repealed–This would show that proceedings r..~ taken under Prohibition Order N, 1979 are intact–If trial of petitioners is allowed to be continued before special Judge, it would amount to repeal Prohibition (Enforcement of Hadd) Order N, 1979–Prohibition Order 1979 is a piece of legislature which is intra-vires of constitution–It cannot be repealed by an Ordinance or by implication–It would require amendment of Constitution–Held : Control of Narcotic Substances Ordinance, 1995 is to be implemented prospectively and not restrospectively–Petition accepted–
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