2002 PLP 1944 (MLD)
RAJAB ALI ‑‑‑ Applicant Versus THE STATE‑‑‑Respondent
| Citation | 2002 PLP 1944 (MLD) |
| Forum / Court | Karachi |
| Bench Members | Muhammad Roshan Essani and Muhammad Mujeebullah Siddiqui, JJ |
| Parties | RAJAB ALI ‑‑‑ Applicant Versus THE STATE‑‑‑Respondent |
| Primary Law | Control of Narcotic Substances Act (XXV of 1997)‑‑‑ |
Q1: What are the key laws and sections cited in 2002 PLP 1944 (MLD)?
This judgment primarily cites: Control of Narcotic Substances Act (XXV of 1997)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002 PLP 1944 (MLD)?
The case was heard and decided by the Karachi bench comprising: Muhammad Roshan Essani and Muhammad Mujeebullah Siddiqui, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 PLP 1944 (MLD) (RAJAB ALI ‑‑‑ Applicant Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
‑‑‑‑Ss. 6/9‑‑‑Criminal Procedure Code (V of 1898), S. 516‑A‑‑‑Return of motorcycle on Superdari‑‑‑Allegation against applicant/accused was that he alongwith other person was apprehended by Police while going on motorcycle and 40 grams of heroin was recovered from pocket of shirt of each accused‑‑‑Application moved by applicant before Trial Court under S.516‑A, Cr.P.C. for return of motor‑cycle, was rejected‑‑‑Evidence on record had shown that alleged narcotic was not recovered from motorcycle, but same was recovered from persons of accused‑‑‑Trial Court was directed to release motor‑cycle to applicant on Superdari. Muhammad Waseem Samo for Applicant. Habib Ahmed, A.A.‑G. for the State.
Judgment & Decree
MUHAMMAD ROSHAN ESSANI, J.
‑‑Miscellaneous Application No.2436 of 2001: The relief sought in the present application was already granted by order dated‑19‑2‑2002 on office note as flag 'A', as such the application stands disposed of.
2. By this criminal revision application, the applicant Rajab Ali has assailed the order passed by the learned Sessions Judge, Larkana in a case registered under sections 6/9 of the Control of Narcotic Substances Act, 1997 which arose out of F.I.R. No.19 of 2001 of Police Station Dokri, District Larkana. The brief facts of the prosecution case are that on 1‑4‑2001 the applicant Rajab Ali and one Asghar Junejo while going on motorcycle were apprehended by the police and 40 grams of heroin was recovered from the pocket of the shirt of each accused. After usual investigation they were sent up to stand trial. The applicant moved the trial Court under section 516‑A, Cr.P.C. for the return of motorcycle but his request was turned down by the trial Court by impugned order dated 3‑9‑2001. We have heard Mr. Muhammad Waseem Samo learned counsel appearing on behalf of the applicant and Mr. Habib Ahmed learned A.A.‑G. appearing on behalf of the State. The latter conceded the prayer of the applicant. The perusal of the record shows that the alleged narcotic was not recovered from the motorcycle but the same was recovered from the persons of the accused. Resultantly, the criminal revision application is allowed. The trial Court is directed to release the motorcycle to the applicant on Superdari. H.B.T./R‑69/K Revision application allowed.