2006 PLP 579 (YLR)
TAFSEEL HUSSAIN alias MANTO — Petitioner Versus THE STATE — Respondent
| Citation | 2006 PLP 579 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Asif Saeed Khan Khosa and Ijaz Ahmad Chaudhry, JJ |
| Parties | TAFSEEL HUSSAIN alias MANTO — Petitioner Versus THE STATE — Respondent |
| Primary Law | Control of Narotic Substances Act (XXV of 1997) |
Q1: What are the key laws and sections cited in 2006 PLP 579 (YLR)?
This judgment primarily cites: Control of Narotic Substances Act (XXV of 1997) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 579 (YLR)?
The case was heard and decided by the Lahore bench comprising: Asif Saeed Khan Khosa and Ijaz Ahmad Chaudhry, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 579 (YLR) (TAFSEEL HUSSAIN alias MANTO — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Ishtiaq for Petitioner.
Headnotes / Summary
Ss. 9 & 51(2)
Criminal Procedure Code (V of 1898), S. 497
Quantity of narcotic substance recovered from accused not alarmingly big
Non receipt of report of Chemical Examiner regarding recovered substance being narcotic substance
Absence of antecedents or credentials of accused being a dealer in narcotics
No-registration of case of present nature against accused previously--Such facts were the special circumstances , within contemplation of S.51(2) of Control of Narcotic Substances Act, 1997
Accused was released on bail in circumstances. Rana Munir-ul-Hassan for the State with Tanvir Ahmad, S.I. with Record.
Judgment & Decree
Through this petition Tafseel Hussain alias Manto petitioner has sought post-arrest bail in case F.I.R. No.526 registered at Police Station Old Anarkali, Lahore on 18-10-2005 for an offence under section 6 read with section 9 of the Control of Narcotic Substances Act, 1997.
2. After hearing the learned counsel for the parties and going through the record we have noticed that the quantity of the recovered substance in this case is not alarmingly big and so far no report has been received from the Chemical Examiner regarding the recovered substance being narcotic substance. According to the learned counsel for the State and the police officer present with the record the petitioner has no antecedents or credentials of being a dealer in narcotics as no case of this nature previously stands registered against him at the relevant Police Station. These considerations have been found by us to be special circumstances within the contemplation of the provisions of subsection (2) of section 51 of the Control of Narcotic Substances Act, 1997 so as to admit the petitioner to bail. This petition is, therefore, allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs.50,000 (Rupees fifty thousand only) with two sureties each in the like amount to the satisfaction of the learned trial Court. S.A.K./T-123/L Bail granted.