2017 PLP 531 (SCMR)
JAVED — Petitioner Versus The STATE — Respondent
| Citation | 2017 PLP 531 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Dost Muhammad Khan, Qazi Faez Isa and Faisal Arab, JJ |
| Parties | JAVED — Petitioner Versus The STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2017 PLP 531 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2017 PLP 531 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Dost Muhammad Khan, Qazi Faez Isa and Faisal Arab, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2017 PLP 531 (SCMR) (JAVED — Petitioner Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Arshad Hussain Yousafzai, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioner.
- Zahid Yousaf Qureshi, Advocate Supreme Court and Malik Taj, S.I./I.O. for the State.
Headnotes / Summary
(On appeal against the order dated 2.12.2016 passed by the Peshawar High Court, Peshawar in Cr. Misc. B.A. No. 2746-P of 2016)
S. 497
Control of Narcotic Substances Act (XXV of 1997), S. 9(c)
Accused suffering from physical disability
Allegation against accused was that he was present with the principal accused in a car, which contained 35 kilograms of narcotic (charas)
Accused was a crippled person who had suffered from polio virus and both his legs were not normal
Concession could be granted to an accused who was disabled
Presently there was no clear evidence/material to reasonably establish the connection of the accused with the principal accused, who was still at large and who was in exclusive control of the car, being its owner, and to whom knowledge of the presence of the narcotics could be conveniently attributed
Prosecution could lead evidence at trial to reasonably connect the accused with the constructive knowledge about the presence of the narcotics in the car but on the available record it was not a case where bail could be justifiably refused
Accused was granted bail accordingly. Zahid Yousaf Qureshi, Advocate Supreme Court and Malik Taj, S.I./I.O. for the State.
Judgment & Decree
DOST MUHAMMAD KHAN, J.
Petitioner is seeking leave to appeal against the order of the Peshawar High Court, Peshawar dated 02.12.2016 in case FIR No. 857 dated 14.10.2016 registered for crime under section 9(c) of the Control of Narcotic Substances Act, 1997 by the Police Station University Town, Peshawar.
2. According to the prosecution record itself and after making extensive queries from the Investigating Officer present in Court, the only fact on record available is that the petitioner was present with the principal accused in the car, from the secret cavities of which and the CNG tank fixed in the boot of the car, narcotics (charas) weighing 35 kilogram was recovered.
3. It has also come on record that the petitioner is a crippled person as he has suffered from polio virus and his both legs were not normal rather he was disabled.
4. At present there is no clear evidence/material to reasonably establish the connection of the petitioner with the principal accused, who is still at large and who was in exclusive control of the car being its owner and to whom knowledge of the presence of the narcotics can be conveniently attributed.
5. Let the prosecution lead some evidence at the trial to reasonably connect the petitioner with the constructive knowledge about the presence of the narcotics in the car but on the available record it is not a case where bail can be justifiably refused, more particular when the petitioner is a disabled person and somewhat concession can be extended to him on this ground as well. Accordingly, this petition is converted into appeal and allowed and the impugned order is set aside. The petitioner is granted bail in the sum of Rs.300,000/- with two reliable sureties to the satisfaction of the learned Trial Court. MWA/J-2/SC Bail granted.