2020 PLP 1257 (SCMR)
MUHAMMAD NOMAN MUNIR — Petitioner Versus The STATE and another — Respondents
| Citation | 2020 PLP 1257 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Mazhar Alam Khan Miankhel and Qazi Muhammad Amin Ahmed, JJ |
| Parties | MUHAMMAD NOMAN MUNIR — 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 2020 PLP 1257 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2020 PLP 1257 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Mazhar Alam Khan Miankhel 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: 2020 PLP 1257 (SCMR) (MUHAMMAD NOMAN MUNIR — Petitioner Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Qamar Hussain Sabzwari, Advocate Supreme Court for Petitioner.
- Nemo for Respondents.
Headnotes / Summary
(Against the judgment dated 21.5.2020 passed by the Lahore High Court, Lahore in Crl. Misc. No. 20425-B of 2020)
S. 497
Control of Narcotic Substances Act (XXV of 1997), Ss. 9(c) & 51
Possession of cannabis and heroin
Cannabis weighing 1380 grams and heroin weighing 07 grams recovered from the possession of accused squarely fall within the mischief of S. 9(c) of Control of Narcotic Substances Act, 1997 that attracted prohibition embodied in S. 51 of the said Act
Insofar as non-association of a witness from the public was concerned, people did collect at the scene, and despite request from police abstained to assist the law and such fact was mentioned in the crime report itself
Such conduct of public was usual and symptomatic of societal apathy towards civic responsibilities
Even otherwise, the witnesses being members of the police contingent and functionaries of the State were second to none in their status, with statutory presumption that their acts were, prima facie, intra vires
Accused was rightly refused bail by courts below
Petition for leave to appeal was dismissed and leave was refused.
Judgment & Decree
QAZI MUHAMMAD AMIN AHMED, J.
Surprised at 12:30 p.m. on 23.1.2020 by a contingent of Police Station Kotwali Sialkot, Muhammad Noman Munir, petitioner herein, was found in possession of cannabis weighed as 1380 grams with a lethal combination of 07 grams of heroin; courts below declined his request for admission to bail. Submissions at the bar range from absence of a witness from the public to a quantity bordering slightly beyond the volume covered by section 9(c) of the Control of Narcotic Substances Act, 1997.
2. Heard. 3. 1380 grams of cannabis with 07 grams of heroin squarely fall within the mischief of the section ibid that attracts prohibition embodied in section 51 of the Act ibid and as such the argument being presumptuous is beside the mark. Insofar as non-association of a witness from the public is concerned, people collected at the scene, despite request abstained to assist the law and it is so mentioned in the crime report itself, a usual conduct symptomatic of societal apathy towards civic responsibilities. Even otherwise, the members of the contingent being functionaries of the State are second to none in their status, with their acts statutorily presumed, prima facie, as intra vires. Refusal by the Courts below being well within the remit of law calls for no interference. Petition fails. Leave declined. MWA/M-38/SC Bail refused.