2010 PLP 1795 (MLD)
HIKMAT KHAN — Applicant Versus THE STATE — Respondent
| Citation | 2010 PLP 1795 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | HIKMAT KHAN — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2010 PLP 1795 (MLD)?
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 1795 (MLD)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP 1795 (MLD) (HIKMAT KHAN — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 497(2)
Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts.3/4
Very small amount of heroin having been recovered, matter would require further enquiry to consider whether narcotic was. for personal consumption of accused or for selling
Even otherwise it was yet to be seen whether case of accused would fall within the prohibitory clause of S.497(1), Cr.P.C.
Judgment & Decree
SALMAN ANSARI, J.
The applicant according to the' prosecution case was arrested on 1-11-2008 and 25 grams heroin was recovered from his possession, hence a case under section 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979 was registered at police station Sharifabad, Karachi Central against applicant. The bail application of the applicant was rejected by the learned Sessions Judge Karachi, Central.
2. It is argued by the learned counsel for applicant that alleged recovery of very small amount of narcotics has been shown for which no independent witness has been shown and police has falsely implicated the applicant foisting upon him the said narcotics from which two grams has been sent to the Chemical Analyst.
3. Considering that very small amount of heroin has been recovered, hence the matter would require further enquiry whether narcotic was for applicant's personal consumption or for selling. Even otherwise it is yet to be seen whether the case of the applicant would fall within the prohibitory clause of section 497(1), Cr.P.C., Consequently, I allow this bail application. The applicant be released on bail on his furnishing surety in the sum of Rs.1,00,000 and executing PR bond in the like amount to the satisfaction of the trial Court. H.B.T/H-6/K Bail granted.