2006 P Cr (PLP)
SHERIN MUHAMMAD — Petitioner Versus THE STATE — Respondent
| Citation | 2006 P Cr (PLP) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | SHERIN MUHAMMAD — 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 Peshawar 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) (SHERIN MUHAMMAD — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Arshad Samad for Petitioner.
- 2. I have heard Mr. Arshad Samad, Advocate for the petitioner and
- Malik Manzoor Hussain, Advocate, appearing on behalf of the State.
Headnotes / Summary
S. 497(2)
Control of Narcotic Substances Act (XXV of' 1997), S.9
West Pakistan Arms Ordinance (XX of 1965), S.13
Bail, grant of--Further inquiry
Contraband Charas weighing 1130 grams had been recovered from the house of accused during raid, which quantity marginally exceeded the limit of thousand grams
Being a border line case between clause (b) and (c) of S.9 of Control of Narcotic Substances Act, 1997, same was a point of discussion and further inquiry to determine guilt of accused
Report or Chemical Examiner regarding allegedly recovered Charas, had not been received
Accused, who was first offender was in jail ever since his arrest
Judgment & Decree
IJAZ-UL-HASSAN KHAN, J.--On receipt of complaints from the inhabitants of the locality that petitioner Sherin Muhammad, deals in narcotic business in his house in Mohallah Zarbora Badrashi, District Nowshera, a police party, headed by Mir Qasim Khan. S.H.O., Police Station Cantt. Nowshera, raided the house of the petitioner on 11-12-2005 at about 8-00 a.m. and recovered Charas from a residential `Kotha' of the house.. The Charas was weighed and found 1130 grams. Five grams were separated out of the contraband Charas and sent to the office of Chemical Examiner, Peshawar for opinion. The search of the house also led to the recovery of a kalashnikov and ten live cartridges. The petitioner was formally arrested and a case was registered against him, vide F.I.R. No.63e, dated 11-12-2005 under section '9;'C.N.S.A. read with section 13, A.O. at Police Station Nowshera Cantt. The petitioner moved an application in the Court of Additional Sessions Judge, Nowshera for grant of bail which was dismissed by order dated 20-12-2005. The petitioner has approached this Court with the similar prayer.
2. I have heard Mr. Arshad Samad, Advocate for the petitioner and Malik Manzoor Hussain, Advocate, appearing on behalf of the State.
3. The contraband Charas weighing 1130 grams has been recovered from the house of the petitioner during raid. The quantity of 1130 grams marginally exceeds the limit of thousand grams, therefore, being a border line case between clause "8" and "C" of section 9 of Control of Narcotic Substances Act, 1997, is a point of discussion and further inquiry to determine guilt of the petitioner. Taj Ali Khan v. The State 2004 YLR 439 (Peshawar). Further, the contraband Charas alleged to have been recovered on 11-12-2005, report of the Chemical Examiner has not been received so far. The petitioner is the first offender and he is in jail ever since his arrest on the aforesaid date i.e. 11-12-2005. The application is accepted and the petitioner is directed to be released on bail on furnishing bail bonds in the sum of Rs.3,00,000 with two sureties each in the like amount to the satisfaction of Illaqa Judicial Magistrate. H.B.T/27/P????????????????????????????????????????????????????????????????????????????????????????? Bail granted.