2007 PLP 1728 (YLR)
ZEWAR — Applicant Versus THE STATE — Respondent
| Citation | 2007 PLP 1728 (YLR) |
| Forum / Court | Peshawar |
| Bench Members | Muhammad Raza Khan, J |
| Parties | ZEWAR — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 PLP 1728 (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 1728 (YLR)?
The case was heard and decided by the Peshawar bench comprising: Muhammad Raza Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 1728 (YLR) (ZEWAR — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Date of hearing: 6th April, 2007.
Headnotes / Summary
S. 497
Control of Narcotic Substances Act (XXV of 1997), S.9
Allegedly the police took action on the spy .information that accused was selling Charas
No indication existed that any sale proceed was recovered from the accused
No attempt of introducing a dummy purchaser nor any of the customer who had purchased or had intended to purchase narcotics from accused, had been made
Number of pieces and their separate weight had not been recorded nor the samples had been distinctly obtained from each of such pieces
Such was a major defect which was supplemented by the fact that there had been unexplained abnormal delay of one month in dispatching of the material to the Chemical Expert
Accused was not a previous convict and the maximum punishment likely to be imposed in the case did not attract the prohibitory provision S.497, Cr.P.C.
Accused was admitted to bail, in circumstances. Noor Alam Khan for Applicant. Ubaidullah Anwar A.A.-G. for the State.
Judgment & Decree
MUHAMMAD RAZA KHAN, J.
The petitioner seeks his release on bail on F.I.R. No.8 dated 7-1-2007 of Police Station Chamkanni. He was found in possession of a shopping bag containing two kilograms Charas pukhta in the shape of several pieces. This raid was conducted on spy information that a young boy was selling Charas in the fields.
2. I have listened to the arguments and gone through the record.
3. Allegedly the police took action on the spy information that the petitioner was selling Charas to the potential buyers in the field. Such transactions are made in the form of sachet sale or the person has to possess the scale for weighment of the desired quantity. The recovery of the material in one lot and the failure of the Investigating Officer to recover scale etc. has created basic ambiguity in the case.
4. There is no indication that any sale proceeds were recovered from the accused. There has been no attempt of introducing a dummy purchaser nor any of the customer who had purchased or had intended to purchase narcotics from the petitioner, has been traced. Similarly, the number of pieces and their separate weight has not been recorded nor the samples have been distinctly obtained from each of such pieces. This is a major defect which is supplemented by the fact that there has been unexplained abnormal delay of one month in dispatching of the material to the Chemical Expert. The petitioner is not a previous convict and the maximum punishment likely to be imposed in such case does not attract the prohibitory provision of law. Hence without prejudice to the result of the case after trial, this petition is allowed. The petitioner be released on furnishing of bail bond in the sum of Rs.200,000 with two sureties each in the like amount to the satisfaction of Illaga Judicial Magistrate. H.B.T./99/P Bail granted.