2008 PLP 2570 (YLR)
SHER MUHAMMAD alias SHERA — Petitioner Versus THE STATE — Respondent
| Citation | 2008 PLP 2570 (YLR) |
| Forum / Court | Peshawar |
| Bench Members | Muhammad Alam Khan, J |
| Parties | SHER MUHAMMAD alias SHERA — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 PLP 2570 (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 2008 PLP 2570 (YLR)?
The case was heard and decided by the Peshawar bench comprising: Muhammad Alam Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 2570 (YLR) (SHER MUHAMMAD alias SHERA — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Saleemullah Khan Ranazai for Petitioner.
- Date of hearing: 8th February, 2008.
- 6. Mr. Salimullah Khan Advocate has also submitted an application being Criminal Miscellaneous No.1 of 2008 in which it has been requested that the record of the case has been annexed with this bail application, so, the Criminal Miscellaneous is accepted, the record of the trial Court be sent to the Judicial Magistrate as expeditiously as possible and the learned Magistrate is directed to decide this case on priority basis.
Headnotes / Summary
S. 497
Prohibition (Enforcement of Hadd) Order (4 of 1979), Art.3
Control of Narcotic Substances Act (XXV of 1997), S.76
Heroin recovered from the personal search of accused was of negligible quantity
Art.3 of Prohibition (Enforcement of Hadd) Order, 1979, under which accused had been charged carried a maximum sentence of five years
Law in the field was Control of Narcotic 'Substances Act, 1997 and under S.76 of said Act, same had got overriding effect on all existing laws
Even if the provisions of said Act were applied, case of accused did not come within the prohibitory clause con tained under S. 497, Cr.P.C.
Accused was in jail since 28-9-2007 and his case had not been decided
Accused was admitted to bail, in circumstances. Tariq Aziz Baloch, D.A.-G. for the State.
Judgment & Decree
MUHAMMAD ALAM KHAN, J.
The petitioner has been charged under the provisions of Article 3 of the Prohibition (Enforcement of Hadd) Order, 1979 by Police Station Cantt. D.I. Khan vide F.I.R. No.471, dated 28-9-2007.
2. The allegations in the F.I.R. are that Fazal Rahim Khan A.S-I. along with police official was on routine gasht. When he reached the place of occurrence, he found a person in dubious condition. On inquiry, the person described his name to be Sher Muhammad alias Shera son of Khuda Bakhsh, Caste Ral, resident of Muryali, Tehsil and District D.I. Khan. Under the suspicion the person was searched and from the right side of his pocket an envelope was recovered which contained heroin. On weighment, it was found to be 23 grams. The said A.S-I. then drafted murasila which was incorporated in F.I.R. No.471 referred to above.
3. The petitioner submitted an application for his release on bail to the Judicial Magistrate who, vide his order, dated 4-10-2007, rejected the bail application of the petitioner. The petitioner then moved an application to the Sessions Judge requesting for bail in the aforesaid case which came up for hearing before Muhammad Naseem, Additional Sessions Judge-II, D.I. Khan. The learned Additional Sessions Judge also refused bail to the petitioner vide his order, dated 10-10-2007 and hence, the present bail application.
4. The heroin recovered from the personal search of the petitioner is of negligible quantity. Article 3 under which the petitioner has been charged carries a maximum sentence of five years. The law in the field is Control of Narcotics Substances Act, 1997 and under section 76 of the Act ibid, it has got overriding effect on all the existing laws. Even if the provisions of this Act are applied, the case of the petitioner does not come within the prohibitory clause contained under section 497, Cr.P.C. The petitioner is in jail since his arrest i.e. 28-9-2007 and so far his case has not been decided.
5. In view of the facts and circumstances of the case, I accept the bail application of the petitioner namely Sher Muhammad alias Shera son of Khuda Bakhsh, Caste Ral, resident of Muryali, Tehsil and District D.I. Khan presently lodged in Central Prison, D.I. Khan, provided he furnishes bail bonds in the sum of Rs.50,000 (Rupees fifty thousand) with two sureties and a personal recognizance in the like amount to the satisfaction of Illaqa/Duty Judicial Magistrate.
6. Mr. Salimullah Khan Advocate has also submitted an application being Criminal Miscellaneous No.1 of 2008 in which it has been requested that the record of the case has been annexed with this bail application, so, the Criminal Miscellaneous is accepted, the record of the trial Court be sent to the Judicial Magistrate as expeditiously as possible and the learned Magistrate is directed to decide this case on priority basis. H.B.T./122/P Bail granted.