2021 P Cr (PLP)
RAB NAWAZ — Petitioner Versus The STATE and others — Respondents
| Citation | 2021 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | RAB NAWAZ — Petitioner Versus The STATE and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2021 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 2021 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: 2021 P Cr (PLP) (RAB NAWAZ — Petitioner Versus The STATE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nasir Mehboob Tiwana for Petitioner.
Headnotes / Summary
S. 497
Control of Narcotic Substances Act (XXV of 1997), S. 9(c)
Transportation of narcotics
Non-availability of report of Chemical Examiner
Completion of investigation
Physical disability of accused
Scope
Accused was alleged to have been apprehended while transporting 3290 grams of charas
Contention of accused was that he was suffering from physical disability and as such he was unable to drive the car
Report requisitioned from the Superintendent, District Jail, reflected that the accused was suffering from old firearm injury on left femur operated from a Hospital with metallic open fixation, which was removed after about one year, thereafter external plastic leg support was applied, thus, in such backdrop, case against accused had, at least, become to be one for his release on bail due to physical disability
Report of the Chemical Examiner had also not been received so far
Investigation of the case had already been completed
Petition for grant of bail was allowed, in circumstances.
Judgment & Decree
ANWAARUL HAQ PANNUN, J.
Having been fizzled out in obtaining the relief of post-arrest bail from the learned court below, the petitioner by means of instant petition has prayed for same in a case registered vide FIR No.326, dated 23.10.2020, offence under section 9(c) of the Control of Narcotic Substances Act, 1997, with P.S. Shorkot Cantt, District Jhang, facing the allegation that on the aforesaid date, his car was intercepted by the police contingents and on search of the car, underneath the front seat, Charas weighing 3290 grams was allegedly recovered. Hence, this case was registered.
2. Arguments heard. Record perused.
3. Bare perusal of the crime report reflects that allegedly the petitioner was captured while he was driving the car but as per stance of the' learned counsel for the petitioner that the story of occurrence, has been concocted, that petitioner is suffering from physical disability and as such he is unable to drive the car. In response to order dated 04.02.2021 whereby a report from the Superintendent, District Jail, Jhang was requisitioned, the report bearing memo No.1626 dated 12.02.21 discloses in its last para that:- "......At present admitted in jail Hospital with external support, Cellulites developed. Examined by orthopedic surgeon from DHQ Hospital, Jhang is medication and daily dressing. He cannot walk without any support and left leg remains always straight due to absence of knee joint removal during operation". Perusal of the report further reflects that petitioner is suffering from old firearm injury left femur operated from Allied Hospital Faisalabad on 28.02.2019 with metallic open fixation, which was removed after about one year. Thereafter external plastic leg support applied. Thus, in such backdrop, case against the petitioner has, at least, become to be one for his release on bail due to physical hazards, he is confined in jail. Moreover, till the time, the accused is found guilty, he is presumed to be innocent. Even otherwise, the report of Chemical Examiner has not been received so far. The investigation of this case has already been completed. Learned Law Officer affirms that the petitioner is previous non-record holder.
4. In view of above, while relying upon case titled Hussain Ullah v. State and another (2019 SCMR 1651) the petition in hand is allowed and the petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs.100,000/- (rupees one lac) with one surety in the like amount to the satisfaction of learned trial Court. The above observations are tentative in nature and would not be taken as conclusive, have been made in view of circumstances of this case and the available record. The learned trial court shall have the privilege to personally watch the accused and shall decide the case in accordance with law. SA/R-2/L Bail granted.