2007 PLP 362 (YLR)
SAEED ULLAH — Petitioner Versus THE STATE — Respondent
| Citation | 2007 PLP 362 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Sardar Muhammad Aslam, J |
| Parties | SAEED ULLAH — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 PLP 362 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2007 PLP 362 (YLR)?
The case was heard and decided by the Lahore bench comprising: Sardar Muhammad Aslam, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 362 (YLR) (SAEED ULLAH — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sardar Muhammad Ishaque Khan for Petitioner.
Headnotes / Summary
S. 497
Penal Code (XLV of 1860), S.109
Drugs Act (XXXI of 1976), Ss.23 & 27
West Pakistan Arms Ordinance (XX of 1965), S.13
Accused had been charged for violation of S.23 of Drugs Act, 1976, penalty for which was provided under S.27 of Drugs Act, 1976
Under provisions of S.23(1) (a) of Drugs Act, 1976 export, import, manufacture for sale or selling any spurious drugs were restricted
Mere possession of a spurious drug, had not been made punishable under S.27 Drugs Act, 1976
Sentence for offence under S.27 of Drugs Act, 1976, was 3 years R.I., which fell outside the prohibitory clause of S.497, Cr. P. C.
Accused was behind the bars since his arrest on 27-6-2006-Chet/km had been submitted in the court after investigation
Keeping accused behind the bars, when even commencement of trial was not in sight, would not serve the ends o7 justice
Accused was admitted to bail, in circumstances. Raja Iftikhar Ahmad Javaid, Standing Counsel for the F.I.A.
Judgment & Decree
SARDAR MUHAMMAD ASLAM, J.
The petitioner seeks post-arrest bail in case F.I.R. No.5 dated 27-6-2006 registered under sections 23/27 of Drugs Act, 1976 read with section 13 of Arms Ordinance and section 109, P.P.C. with Police Station F.I.A. Crime Circle, Rawalpindi.
2. Briefly the allegation against the petitioner and his co-accused is that during raid, F.I.A. police apprehended them and on their premises, spurious substandard and unregistered drugs worth Rs.10 lots were recovered. .30 bore unlicensed pistol was also recovered. On inquiry, licence or written legal authority was not produced by the accused persons.
3. I have heard the learned counsel for the petitioner as well as learned Standing Counsel and perused the record.
4. The petitioner has been charged for violation of section 23 of the Drugs Act, 1976. Penalty for which is provided under section 27 ibid. Section 23 provides: (1) no person shall himself or by any other person on his behalf: (a) Export, import or manufacture for sale or sell: (i)
(ii)
(iii)
5. Bare reading of the above quoted provision of law shows that Legislature in its wisdom has restricted export, import or manufacture for sale or selling any spurious drug. Mere possession of a spurious drug has not been made punishable under section 27 of the Drugs Act. Sentence for offence under section 27 is 3 years' R.I. which falls outside the prohibitory clause of section 497, Cr.P.C. The petitioner was arrested on 27-6-2006 and is behind the bars since then. Challan has been submitted in the Court after investigation. Keeping the petitioner behind the bars, when even the commencement of trial is not in sight, will not serve the ends of justice.
6. For what has been discussed above, this petition is allowed and the petitioner is admitted to bail subject to furnishing of bail bonds in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of trial Court. H.B.T./M-209/L Bail granted.