2006 PLP 143 (MLD)
ISRARUDDIN — Petitioner Versus THE STATE — Respondent
| Citation | 2006 PLP 143 (MLD) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | ISRARUDDIN — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2006 PLP 143 (MLD)?
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 PLP 143 (MLD)?
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 PLP 143 (MLD) (ISRARUDDIN — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Ayyaz Khan D.A.-G for Respondent.
- SALIM KHAN, J.---Vide F.I.R. No.836 dated 30-8-2005, the accused-petitioner, Israruddin, has been charged for possession of two kilograms Charas within the limits of Police Station, Chamkani, Peshawar. I heard Mr. Hussain Ali, Advocate, for the petitioner as well as Mr. Muhammad Ayaz Khan, Deputy Advocate-General for the State, and perused the record.
Headnotes / Summary
Ss.497 & 173
Control of Narcotic Substances Act (XXV of 1997), S.9
Challan of case, though was completed and signed after four days of occurrence, but was not put in Court
Mere signing of complete challan Form was not observance of provisions of S. 173, Cr.P.C. as regarded submission of interim or complete challan
Quantum of punishment, if any, was to be considered at the end of Trial in the light of evidence recorded by Trial Court and not at bail stage
Offence under S.9 of Control of Narcotic Substances Act, 1997, though would adversely affect society, but it was yet to be proved that accused was involved in adversely affecting the society
Accused has already remained behind the bars for about two months without any trial
Record did not show that accused could tamper with prosecution evidence or abscond, if released on bail
Judgment & Decree
SALIM KHAN, J.
Vide F.I.R. No.836 dated 30-8-2005, the accused-petitioner, Israruddin, has been charged for possession of two kilograms Charas within the limits of Police Station, Chamkani, Peshawar. I heard Mr. Hussain Ali, Advocate, for the petitioner as well as Mr. Muhammad Ayaz Khan, Deputy Advocate-General for the State, and perused the record.
2. The learned counsel for the petitioner contended that there were no efforts of test purchase in spite of the allegation that the accused-petitioner was selling Charas, that no small packet was recovered from the possession of the petitioner in spite of the 'above mentioned allegation, that the quantity of the allegedly recovered Charas is two kilograms, which is not a huge quantity, and it was not expected that maximum punishment would be granted to the accused-petitioner under section 9 of the Control of Narcotic Substances Act, 1997, in the circumstances of this case. He relied upon Criminal Miscellaneous B.A. No.1 of 2003 decided on 17-1-2003 and PLD 1982 Peshawar 128 in support of his arguments.
3. The learned D.A.G. contended that the offence was a heinous one which adversely affected the society, that complete challan was already prepared, and the trial of the accused-petitioner was expected to be concluded very soon.
4. The occurrence in this case took place on 30-8-2005, and complete challan has been shown to had been signed on 3-9-2005, but has not been put in Court as yet. The mere signing of complete challan form is not the observance of the provisions of section 173, Cr.P.C., as regards the submission of interim or complete challan. The quantum of punishment, if any, is to be considered at the end of trial in the light of the evidence recorded by the trial Court, and not at the bail stage, the offence under section 9 of the Control of Narcotic Substances Act, 1997, adversely affects the society, but it is yet to be proved that the accused-petitioner was involved in adversely affecting the society. The accused-petitioner has already remained behind the bars for about two months without any trial. It is not shown on record that the petitioner may tamper with the prosecution evidence or abscond, if released on bail.
5. In these circumstances, I order the release of the accused-petitioner on bail on his furnishing bail bond in the sum of Rs.50,000 (rupees fifty thousand only) with two sureties, each surety in the like amount, to the satisfaction of the learned Judge of the trial Court, who shall ensure that the sureties are local, reliable persons, and have sufficient financial means. H.B.T./562/P Bail granted.