2006 P Cr (PLP)
Rana WARIS ALI — Petitioner Versus THE STATE — Respondent
| Citation | 2006 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Rana WARIS ALI — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2006 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 P Cr (PLP) (Rana WARIS ALI — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mian Khalil-ur-Rehman for Petitioner.
Headnotes / Summary
S. 497
Control of Narcotic Substances Act (XXV of 1997), Ss.9(c) & 51
Only reason put forward by counsel for accused for grant of bail to accused was that accused had been falsely implicated in the case on account of political rivalry, but he had not been able to show as to how accused was involved in any politics and on whose instance case had been registered against the accused
Mere fact that in view of quantum of narcotics i.e. one Kilogram case fell in S.9(b) and not in 9(c) of Control of Narcotic Substances Act, 1997, was not a ground by itself for the grant of bail
Even S.9(b) of Control of Narcotic Substances Act, 1997, entailed punishment up to seven years and thus was non-bailable
In view of embargo as contained in S.51 of Control of Narcotic Substances Act, 1997, accused could not claim bail as a matter of right.
Judgment & Decree
Rana Waris Ali, the petitioner, by filing the instant petition seeks post-arrest bail in case F.I.R. No.41, dated 6-2-2006, registered at Police Station Tatley Aali, District Gujranwala for an offence under section 9(c) of the Control of Narcotic Substances Act, 1997.
2. The allegation in the F.I.R. registered at the instance of Ayub Baig, S.-I. was that on spy information, he along with a contingent of police officials conducted a raid and found the petitioner holding a black coloured shopper in his right hand; a search thereof yielded one kilogram of Charas, an amount of Rs.250 as the sale proceeds in the shape of currency notes of Rs.10 denomination; ten grams of Charas was separated and made into a sealed parcel for the purpose of chemical examination.
3. The petitioner's plea for post-arrest bail did not find favour with the learned Judge, Special Court, constituted under the Control of Narcotic Substances Act, 1997, Gujranwala, who proceeded to dismiss his application vide order dated 23-2-2006.
4. We have heard the learned counsel for both the sides and have also gone through the record brought by Saifullah, S.-I. The only reason put forward by the learned counsel for the grant of bail to the petitioner is that he has been falsely implicated in the case on account of political rivalry. He has not been able to show as to how the petitioner is involved in any politics and on whose instance the case has been registered. The mere fact that in view of the quantum of the narcotics i.e. one kilogram, the case falls in section 9(b) and not in 9(c), is not a ground by itself for the grant of bail. Even section 9(b) entails punishment up to seven years and is non-bailable. Keeping in view the embargo as contained in section 51 of the Control of Narcotic Substances Act, 1997, the petitioner cannot claim bail as a matter of right.
5. Resultantly, this petition lacks merit and is accordingly dismissed. H.B.T./W-15/L Bail refused.