SCMR 2021

2021 PLP 1212 (SCMR)

NOOR KHAN — Petitioner Versus The STATE — Respondent

Jurisdiction / Court
Supreme Court of Pakistan
Decided Date
Criminal Petition No.460 of 2021, decided on 24th May, 2021.
Honorable Judges
Maqbool Baqar and Qazi Muhammad Amin Ahmed, JJ
Case Reference Summary (AEO Optimized)
Citation 2021 PLP 1212 (SCMR)
Forum / Court Supreme Court of Pakistan
Bench Members Maqbool Baqar and Qazi Muhammad Amin Ahmed, JJ
Parties NOOR KHAN — Petitioner Versus The STATE — Respondent
Primary Law Control of Narcotic Substances Act (XXV of 1997)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2021 PLP 1212 (SCMR)?

This judgment primarily cites: Control of Narcotic Substances Act (XXV of 1997) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2021 PLP 1212 (SCMR)?

The case was heard and decided by the Supreme Court of Pakistan bench comprising: Maqbool Baqar and Qazi Muhammad Amin Ahmed, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2021 PLP 1212 (SCMR) (NOOR KHAN — Petitioner Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Control of Narcotic Substances Act (XXV of 1997)

Representation

  • Ms. Hifza Ibrar Bukhari, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioner.

Headnotes / Summary

(Against the order dated 23.02.2021 passed by the Lahore High Court Rawalpindi Bench in Crl. Misc. No.246-B of 2021)

Ss. 9(c) & 51

Possession of 1320 grams of cannabis

Bail, refusal of

Accused was caught red-handed with considerable quantity of contraband, which squarely brought his case within the remit of 'Prohibition, contemplated by S. 51 of the Control of Narcotic Substances Act, 1997

Claim of false implication raised by the accused was an issue that could not be attended without going beyond the barriers of tentative assessment, an exercise prohibited by law (during bail stage)

Petition for leave to appeal was dismissed and accused was refused bail. Nemo for the State.

Judgment & Decree

QAZI MUHAMMAD AMIN AHMED, J.

The petitioner was surprised by a police contingent on 05.12.2020 within the precincts of Police Station Civil Lines, Rawalpindi with 1320 grams of cannabis, concealed in a shopping bag; he was declined bail throughout, lastly by a learned Judge-in-Chamber of Lahore High Court Rawalpindi Bench vide impugned order dated 23.02.2021; he seeks leave to appeal therefrom.

2. Heard. Record perused.

3. Red-handed with seizure of considerable quantity of the contraband squarely brings petitioner's case within the remit of 'Prohibition, contemplated by section 51 of the Control of Narcotic Substances Act, 1997; his claim of false implication is an issue that cannot be attended without going beyond the barriers of tentative assessment, an exercise prohibited by law. On our own analysis of the record, view concurrently taken by the courts below is not open to any legitimate exception. Petition fails. Leave declined. MWA/N-4/SC Bail refused.