2015 P Cr (PLP)
MUHAMMAD IMRAN alias IMRANOO alias KALU SHAHPURIA — Petitioner Versus The STATE and another — Respondents
| Citation | 2015 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD IMRAN alias IMRANOO alias KALU SHAHPURIA — Petitioner Versus The STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2015 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2015 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: 2015 P Cr (PLP) (MUHAMMAD IMRAN alias IMRANOO alias KALU SHAHPURIA — Petitioner Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Ashraf Khan for Petitioner.
Headnotes / Summary
S. 497(2)
Control of Narcotic Substances Act (XXV of 1997), S.9(c)
Possession of narcotics drugs, import and export of narcotic drugs, trafficking or financing trafficking of narcotic drugs
Petitioner was alleged to have thrown away pack of eleven hundred grams of heroin while fleeing away from the scene
Contention raised by petitioner was that present case was prima facie one of further inquiry as no identification parade had been conducted
Heroin had not been recovered from possession of petitioner
Quantity of heroin allegedly recovered was slightly higher than weight mentioned in S.9(b), of Control of Narcotic Substances Act, 1997
Petitioner was no longer required for purpose of investigation
Further incarceration of petitioner was not likely to further the prosecution case
Bail application was allowed accordingly.
Judgment & Decree
The petitioner, Muhammad Imran alias Imranoo alias Kalu Shahpuria, seeks post-arrest bail in case bearing F.I.R. No.201/2015 dated 18-3-2015, offence under section 9(c) of the Control of Narcotic Substances Act, 1997, registered at Police Station Sattellite Town, District Sargodha.
2. The learned counsel for the petitioner submits that the allegation against the petitioner is that whilst throwing away the packet containing 1100 grams heroin he succeeded in fleeing the scene. Contends that in the absence of any identification parade conducted for proper identification of the petitioner as being involved in the offence prima facie case against the petitioner is one of further inquiry into his guilt.
3. The learned D.P-G. controverts the stance of the learned counsel for the petitioner and submits that a huge quantity of narcotic substance has been recovered from the packet thrown by the petitioner. The petitioner is also involved in other cases of similar nature. The learned D.P.-G., however, after consulting the record submits that the petitioner has no previous conviction in an offence of a similar nature.
4. Heard. Record perused.
5. The heroin in question has not been recovered from the possession of the petitioner. It is alleged that when cornered the petitioner threw the packet containing heroin weighing 1100 grams and then fled the scene. The FIR on the basis of the occurrence was registered on 18-3-2015 the petitioner was arrested on 31-3-2015 after dismissal of his pre-arrest bail petition. Even otherwise quantity of heroin allegedly shown to be thrown by the petitioner is 1100 grams in weight. The said weight is slightly higher than the weight mentioned in section 9(b) of the Act, ibid. The petitioner is behind the bars and is no longer required for the purposes of investigation. The further incarceration of the petitioner is not likely to further the prosecution's case.
6. We, therefore, allow this petition and admit the petitioner to bail subject to furnishing of a bail bond in the sum of Rs.100,000 (Rupees one hundred thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.
7. It is, however, clarified that any observation having been made in this order is purely tentative in nature and is only for the purposes of deciding the instant petition. SL/M-181/L Application allowed.