2011 PLP 402 (YLR)
ABDUL JABBAR — Petitioner Versus THE STATE and another — Respondents
| Citation | 2011 PLP 402 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Ijaz Ahmad Chaudhry and Shahid Hameed Dar, JJ |
| Parties | ABDUL JABBAR — Petitioner Versus THE STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2011 PLP 402 (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 2011 PLP 402 (YLR)?
The case was heard and decided by the Lahore bench comprising: Ijaz Ahmad Chaudhry and Shahid Hameed Dar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 PLP 402 (YLR) (ABDUL JABBAR — Petitioner Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Saif ul Haq, Zia, for Petitioner.
Headnotes / Summary
S. 497
Control of Narcotic Substances Act (XXV of 1997), Ss.9(b) & 51
700 grams of charas was allegedly recovered from the possession of accused and he was liable to be tried under S.9(b) of Control of Narcotic Substances Act, 1997, which did not fall within the prohibition contained in S.51 of Control of Norcotic Substances Act, 1997
Accused was behind the bars for the last four months and was not required by the Police for further investigation
Case being fit for grant of bail, accused was admitted to bail, in circumstances. Ch. Muhammad Sarwar Sindhu, D.P.G. for the State.
Judgment & Decree
Abdul Jabbar petitioner seeks post arrest bail in case F.I.R. No.46, dated 21-3-2010, registered under section 9-B of the C.N.S.A., 1997 at Police Statoin Jandanwala District Bhakkar.
2. Precise allegations against the petitioner, as per F.I.R., are that on the day of occurrence the police raiding party on a spy information over powered the petitioner and on his personal search 700 grams charas along with Rs.200 was recovered from his possession.
3. Learned counsel for the petitioner contends that the petitioner has falsely been implicated in the instant case and the recovery is planted one for the reason that the petitioner got F.I.R., No.247 registered at the same Police Station against Sanaullah, Saifullah and Nasrullah and in order to take revenge of that F.I.R. they connived with the local police being influential persons and the police falsely and with mala fide intention implicated the petitioner in this case; that the statement of Sharif the alleged witness of the recovery has not been recorded by the police under section 161, Cr.P.C., which makes the prosecution story doubtful; that the petitioner is previous non-convict; that the petitioner is behind the bars for the last more than four months and is no more required for the purpose of investigation, as such, he is entitled to be released on bail as his case falls within the purview of further inquiry.
4. Learned D.P.-G. opposes this bail application on the ground that 700 grams charas was recovered from the possession of the petitioner and the offence with which the petitioner is liable to be charged entail seven years punishment, as such, the petitioner is not entitled for the grant of bail.
5. We have heard the learned counsel for the parties and also perused the available record. The perusal of the F.I.R. shows that 700 grams of charas was allegedly recovered from the possession of the petitioner and he is liable to be tried under section 9-B of the C.N.S.A., 1997, as such, his case does not fall within the prohibition contained in section 51 of the Act ibid. He is behind the bars for the last four months and is not required by the police four further investigation. In such circumstances, we find it a fit case for the grant of bail. This petition is accordingly allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 with two sureties in the like amount each to the satisfaction of the trial Court. H.B.T./A-211/L?????????????????????????????????????????????????????????????????????????????????????????????? Bail granted.