2010 PLP 2248 (YLR)
Mst. SHAMIM AKHTAR — Petitioner Versus THE STATE — Respondent
| Citation | 2010 PLP 2248 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Mian Muhammad Najam uz Zaman and Kazim Ali Malik, JJ |
| Parties | Mst. SHAMIM AKHTAR — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2010 PLP 2248 (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 2010 PLP 2248 (YLR)?
The case was heard and decided by the Lahore bench comprising: Mian Muhammad Najam uz Zaman and Kazim Ali Malik, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP 2248 (YLR) (Mst. SHAMIM AKHTAR — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Hammad Akbar Wallana for Petitioner.
Headnotes / Summary
S. 497
Control of Narcotic Substances Act (XXV of 1997), S.9(c)
Narcotic was recovered from the house of accused by raiding party when accused was not present in the house nor the raiding party had obtained permission from the Magistrate
Report submitted by the Trial Court had revealed that the case would be completed within three months, but needful had not been done
Accused who was a woman, was behind the bars for the last more than three years
Accused was admitted to bail, in circumstances. Rana Sohail Iqbal for ANF.
Judgment & Decree
Seeks post-arrest bail in case F.I.R. No.31 of 2002 dated 15-7-2002 for the offence under section 9(c) of Control of Narcotic Substance Act, 1997 registered at Police Station ANF, Lahore.
2. In nutshell the facts of the prosecution case are that upon information by the informer raid was conducted at the house of the petitioner from where narcotic was recovered in the absence of the petitioner. This raid was conducted on 15-7-2002 whereas petitioner was arrested on 28-2-2005. Her application seeking post-arrest bail was dismissed by Special Judge, CNS, Lahore vide order dated 16-2-2007, hence this petition.
3. After hearing learned counsel for the parties and perusing the record, we have observed that the narcotic was recovered from the house of the petitioner by the raiding party when the petitioner was not present in the house nor the raiding party had ever obtained permission from the Magistrate (warrants of search). Report submitted by the trial Court dated 28-5-2008 reveals that the case would be completed within three months but admittedly needful has not been done so far. Petitioner, who is a woman is behind the bars for the last more than three A years i.e. since 28-2-2005. Accordingly this petition is allowed and petitioner is admitted to bail subject to her furnishing bail bonds amounting to Rs.200,000 (rupees two lacs), with two sureties in the like amount to the satisfaction of D.R. (Judicial) of this Court. H.B.T./S-112/L??????????????????????????????????????????????????????????????????????????????????????????????? Bail granted.