2009 PLP 1040 (YLR)
ASIF MEHMOOD — Petitioner Versus THE STATE and another — Respondents
| Citation | 2009 PLP 1040 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Akram Qureshi and Khalil Ahmad, JJ |
| Parties | ASIF MEHMOOD — Petitioner Versus THE STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2009 PLP 1040 (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 2009 PLP 1040 (YLR)?
The case was heard and decided by the Lahore bench comprising: Muhammad Akram Qureshi and Khalil Ahmad, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 1040 (YLR) (ASIF MEHMOOD — Petitioner Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Arab Hassan Asif for Petitioner.
- Sarfraz Ahmad Zia, Dy. P.-G. along with Abdul Ghaffar, S.-I. and Iftikhar, S.-I. for Respondents.
Headnotes / Summary
S.497
Control of Narcotic Substances Act (XXV of 1997), S.9(c)
Bail, grant of--"Post" weighing 1 Kg. and "Bhang" weighing 19 Kg. were allegedly recovered from the "Dawakhana" of accused
On quantitative test quantity of narcotic substance in `Post" was always detected meagre and on this score case against accused would definitely fall within the ambit of section 9 (b) of the Control of Narcotic Substances Act, 1997
Question as to whether "Bhang" falls within the domain of the said Act or not was also a matter of further inquiry
Judgment & Decree
Asif Mahmood petitioner seeks bail after arrest in case F.I.R. No.303 dated 8-12-2007 registered under section 9-C of C.N.S.A., 1997 at Police Station Abdul Hakeem, District Khanewal.
2. Briefly facts of the case are that police raided on Qasimia Dawakhana, where petitioner was working and recovered 1-1/2 Kg. Post and 19 Kg. Bhang from .the Dawakhana alleging the recovery against the petitioner.
3. Learned counsel for the petitioner submits that quantitative percentage of narcotic substance in the "Post" comes to a meagre quantity and as such the case of the petitioner would fall within the area of section 9-B of Control of Narcotic Substances Act, 1997. He also submits that the case of the present petitioner is a border line case falling within the domain of section 497(2), Cr.P.C. And that the petitioner has not committed the offence under section 9-C of Control of Narcotic Substances Act, 1997 and he is entitled to the grant of bail.
4. Learned D.P.G. has vehemently opposed this bail application on the ground that Bhang falls within the area of the Control of Narcotic Substances Act, 1997 and that it is a narcotic substance which is normally used for intoxication.
5. After hearing the learned counsel for the parties and perusing the record it has been concluded that quantity of narcotic substance in "Post" is always detected meager if quantitative test is done. The case of the petitioner would definitely falls within the area of section 9-B Control of Narcotic Substances Act, 1997. The question as to whether the Bhang falls within the domain of Control of Narcotic Substances Act, 1997 or not is also matter of further inquiry. The circumstances does not exist to believe that offence committed falls within Control of Narcotic Substances Act, 1997. 6(sic). Resultantly, this petition is allowed and the petitioner is admitted to bail subject to his furnishing bail bond in the sum of Rs.2,00,000 (Rupees two lacs only) with one surety in the like amount to the satisfaction of the Illaqa/Duty Magistrate. N.H.Q./A-37/L Bail allowed.