1993 P Cr (PLP)
BOOTA MASIH — Petitioner Versus THE STATE — Respondent
| Citation | 1993 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | BOOTA MASIH — Petitioner Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 1993 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1993 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1993 P Cr (PLP) (BOOTA MASIH — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- M. Anwar Sipra for Petitioner.
Headnotes / Summary
S. 497
Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts.4 & 16
No public witness for alleged recovery
No further recovery was to be effected from accused who was not a previous convict-- Accused admitted to bail.
Judgment & Decree
M. Anwar Sipra for Petitioner. Khurshid Iqbal for the State. Boota Masih was arrested on 14-7-1992 and from his possession 490 grams of heroin was recovered.
2. Bail is urged on the ground that the recovery is fake and there is no public witness to the alleged recovery. Being a thoroughfare, the police could have easily procured the services of independent witnesses, it is maintained.
3. Learned counsel for the State submits that the petitioner is a habitual offender and was involved in cases of similar nature on earlier occasions.
4. Learned counsel for the petitioner states that the said cases were registered on account of enmity of the petitioner with the police and that he had not been convicted so far in any of the cases. The last case was registered as back as 1989.
5. Admittedly, there is no public witness to the alleged recovery. The requirement of associating public witnesses has been time and again emphasized by the superior Courts but without any effect. Since no further recovery is to be effected from the petitioner and he is not a previous convict, he is admitted to bail in the sum of Rs. one lac with two sureties in the like amount to the satisfaction of learned trial Court. H.B.T./B-55/L Bail granted.