2012 YLR 2503 (PLP)
IBRAHIM — Petitioner Versus THE STATE — Respondent
| Citation | 2012 YLR 2503 (PLP) |
| Forum / Court | Peshawar |
| Bench Members | Yahya Afridi, J |
| Parties | IBRAHIM — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2012 YLR 2503 (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 2012 YLR 2503 (PLP)?
The case was heard and decided by the Peshawar bench comprising: Yahya Afridi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2012 YLR 2503 (PLP) (IBRAHIM — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Arshad Hussain Yousafzai for Petitioner.
- Lal Jan Khattak A.A.-G. for Respondent.
- Date of hearing: 12th November, 2010.
Headnotes / Summary
S. 497(2)
Control of Narcotic Substances Act (XXV of 1979), S.9
Possessing narcotic--Bail, grant of
Investigation .in the case had been completed and the quantity of alleged contraband recovered cumulatively made the case of accused of further inquiry
Quality of contraband allegedly recovered would surely not bring home a punishment saddling the case in the prohibitory clause of 5.497, Cr.P.C.--Accused was allowed bail.
Judgment & Decree
YAHYA AFRIDI, J.
Ibrahim seeks his post-arrest bail in case F.I.R. No.778 dated 10-10-2010 for an offence under section 9 Control of Narcotic Substances Act, 1997 ("CNSA") registered in Police Station, Gut Bahar, Peshawar ("F.I.R.").
2. The case set up by the prosecution against the petitioner as recorded in the F.I.R. is that the petitioner was on suspicion stopped by a police party and on his search, two kilo grams of "Charas Pukhta was recovered from a bag, which he was carrying. The prosecution contends that the FSL report is positive and that the challan in the case is complete.
3. The investigation in the present case having been completed and the quantity of alleged contraband recovered cumulatively make the case of the petitioner, a case of "further inquiry". Furthermore, the quantity of contraband allegedly recovered would surely not ' bring home a punishment saddling the case in the Prohibitory Clause of section 497 of Criminal Procedure Code 1898, ("Cr.P.C."). Hence, the discretion of bail is being allowed.
4. These are the reasons for which this application for post-arrest bail was allowed to the petitioner vide short order dated 12-11-2010, whereby the petitioner Ibrahim son of Mir Baz was granted bail provided he furnished bail bond in the sum of Rs.5,00,000 (five hundred thousand) with two sureties each-in the like amount to the satisfaction of the Illaqa/Duty Magistrate who was to ensure that the sureties are local, men of means and reliable. HBT/283/P????????????????????????????????????????????????????????????????????????????????????????????????????? Bail granted.