2009 SCMR 425 (PLP)
Sardar AMJAD ALI KHAN — Petitioner Versus THE STATE — Respondent
| Citation | 2009 SCMR 425 (PLP) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Abdul Hameed Dogar, C. J., Ijaz-ul-Hassan Khan and Ch. Ejaz Yousaf, JJ |
| Parties | Sardar AMJAD ALI KHAN — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2009 SCMR 425 (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 2009 SCMR 425 (PLP)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Abdul Hameed Dogar, C. J., Ijaz-ul-Hassan Khan and Ch. Ejaz Yousaf, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 SCMR 425 (PLP) (Sardar AMJAD ALI KHAN — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Tariq Aziz, Advocate Supreme Court for Petitioner.
- Masood A. Noorani, Additional Advocate-General, Sindh and Raja Abdul Ghafoor, Advocate Supreme Court/Advocate-on-Record on behalf of P.-G. Sindh for the State.
- 3. On the other hand Mr. Masood A. Noorani, learned Additional Advocate-General, Sindh controverted above contentions and contended that petitioner is suffering from the disease which can be cured inside the jail.
Headnotes / Summary
(On appeal from the order, dated 8-9-2008 of the High Court of Sindh Bench at Sukkur passed in Criminal Bail Application No.S-119 of 2008).
S. 497
Control of Narcotic Substances Act (XXV of 1997), S.9(c)
Delay in conclusion of trial--Accused was clearing agent and was involved in the case where 6000 kilograms of Charas was recovered from his co-accused
Accused was in custody for more than four years and trial had not concluded--Accused was suffering from chronic liver disease (HCV +VE) which could not be treated while keeping him in custody
Supreme Court converted petition for leave to appeal into appeal and allowed the same
Bail was granted. Masood A. Noorani, Additional Advocate-General, Sindh and Raja Abdul Ghafoor, Advocate Supreme Court/Advocate-on-Record on behalf of P.-G. Sindh for the State.
Judgment & Decree
ABDUL HAMEED DOGAR, C.J.
This petition is directed against order, dated 8-9-2008 passed by learned Single Judge of High Court of Sindh Bench at Sukkur whereby bail application of petitioner was dismissed on the ground that parties have lost interest in the matter.
2. It is contended by Mr. Tariq Aziz, learned counsel for the petitioner that petitioner was arrested in this case on 3-9-2004 from Rawalpindi and taken to Sukkur. He contended that petitioner is a clearing agent and has been involved in this case on the statement of co-accused, namely, Muhammad Saeed, Muhammad Ismail and Tahir Hussain who were apprehended during the search of the truck and Charas weighting 6000 kilograms was recovered. He further contended that all the co-accused have been escaped from the police custody whereas petitioner is still in custody. According to learned counsel, petitioner is suffering from chronic liver disease (HCV+ VE) with normal ultrasound of abdomen, SGPT increase which the PCR HCV virus detected and can be treated with specific inter feron therapy (6. months), as disease has long chronic course, one cannot predict the course. He referred to the report of Chief Medical Officer, Central Prison-I, Sukkur wherein it is mentioned that treatment is only inter feron therapy and anti viral which is not possible in jail due to lack of fund. He contended that learned High Court has not considered the health condition and medical report of petitioner though mentioned in the order of the learned trial Court.
3. On the other hand Mr. Masood A. Noorani, learned Additional Advocate-General, Sindh controverted above contentions and contended that petitioner is suffering from the disease which can be cured inside the jail.
4. We have given anxious thought to the contentions raised at the bar and are of the opinion that petitioner is in custody for more than four years and trial has not been concluded. The petitioner is suffering from a chronic disease which cannot be treated while keeping him in custody. Accordingly, petition is converted into appeal and is allowed. Appellant Sardar Amjad Ali Khan is granted bail subject to furnishing surety in the sum of Rs.2,00,000 (Rupees two lacs) with P.R. bond in the like amount to the satisfaction of the trial Court. M.H./A-7/SC Bail granted.