2008 PLP 807 (YLR)
GUL REHMAN — Petitioner Versus THE STATE through S. H.O. — Respondent
| Citation | 2008 PLP 807 (YLR) |
| Forum / Court | Peshawar |
| Bench Members | Muhammad Alam Khan, J |
| Parties | GUL REHMAN — Petitioner Versus THE STATE through S. H.O. — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 PLP 807 (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 807 (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 807 (YLR) (GUL REHMAN — Petitioner Versus THE STATE through S. H.O. — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mashal Khan, Clerk of Lal Jan Khattak for Petitioner.
- Date of hearing: 31st January, 2008.
- Muhammad Saeed Khan Shangla, Additional Advocate General for the State.
- 4. Mr. Muhammad Saeed. Khan Shangla, Additional Advocate General for the State was heard in detail. He submitted that the petitioner besides being, directly charged in the F.I.R. was arrested on the spot with six Kgs of contraband charas, which he used to sell to the people, was recovered from him. The complaints were regularly being received against the two brothers namely Gul Rehman and Noor Rehman the absconding co-accused that they are regularly' selling the contraband to the people. There is strong evidence available on the record against the petitioner. The huge quantity of 6(six) Kgs. Charas has been recovered and the punishment for the offence with which the petitioner is charged under section 9 CNSA carries sentence of life imprisonment, which is hit by the embargo as contained under section 497 Cr.P.C. besides also the co-accused is still at large. There are reasons to believe as per data available on the record that the accused has committed the offence prima facie, for which he has been charged.
Headnotes / Summary
S.497
Control of Narcotic Substances Act (XXV of 1997), S.9
Bail, refusal of-Accused, besides being directly charged in the F.I.R., was arrested on the spot with six kilograms of contraband Charas, which he used to sell to the people
Complaints were regularly being received against the two brothers, who were absconding co-accused that they were regularly selling the contraband to the people
Strong evidence was available on the record against accused
Huge quantity of 6 kgs Charas had been recovered and the punishment for the offence with which accused was charged under S.9 of Control of Narcotic Substances Act, 1997 carried sentence of life imprisonment which was hit by the embargo as contained under S.497 Cr. P. C.
Co- accused was at large
Reasons existed to believe as per data available on the record that accused had prima facie committed the offence, for which he had been charged
Bail was refused in circumstances. Muhammad Saeed Khan Shangla, Additional Advocate General for the State.
Judgment & Decree
MUHAMMAD ALAM KHAN, J.
The accused-petitioner seeks bail in case F.I.R. No. 799 dated 3-9-2007 under section 9 of Control of Narcotic Substances Act, 1997 of Police Station Saddar Kohat.
2. Brief facts of the case, as narrated in F.I.R. No.799 are that Gul Jamal S.H.O. Police Station, Cantt: Kohat received a spy information that Noor Khan and Gul Rehman sons of Swab Khan resident of Zara Mala Illaqa Tribal Area of `Tirah' are involved is smuggling of contraband items. They bring it to Zara Mala and then are supplying the same to the people. A raiding party was arranged and residential house of Noor Khan and Gul Rehman was raided. Noor Khan decamped from the spot while Gul Rehman alongwith a small box containing six packets was arrested. On search of the packets it was found, after weighing that each packet contained 1000 grams of charas. The samples were taken and the same was sent to F.S.L. for chemical analysis. The report of the F.S.L. is in positive.
3. The petitioner Gul Rehman submitted an application to Mr. Muhammad Zafar Khan, Additional Sessions Judge-IV, Kohat bearing bail application No.189 of 2007 who by order dated 21-9-2007 rejected the same, hence, the present application.
4. Mr. Muhammad Saeed. Khan Shangla, Additional Advocate General for the State was heard in detail. He submitted that the petitioner besides being, directly charged in the F.I.R. was arrested on the spot with six Kgs of contraband charas, which he used to sell to the people, was recovered from him. The complaints were regularly being received against the two brothers namely Gul Rehman and Noor Rehman the absconding co-accused that they are regularly' selling the contraband to the people. There is strong evidence available on the record against the petitioner. The huge quantity of 6(six) Kgs. Charas has been recovered and the punishment for the offence with which the petitioner is charged under section 9 CNSA carries sentence of life imprisonment, which is hit by the embargo as contained under section 497 Cr.P.C. besides also the co-accused is still at large. There are reasons to believe as per data available on the record that the accused has committed the offence prima facie, for which he has been charged.
5. In view of the facts and circumstances of the case narrated above, this petition fails which is hereby dismissed. H.B.T./207/P Petitions dismissed.