2010 P Cr (PLP)
SHAUKAT HUSSAIN SHAH — Petitioner Versus THE STATE — Respondent
| Citation | 2010 P Cr (PLP) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | SHAUKAT HUSSAIN SHAH — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2010 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 2010 P Cr (PLP)?
The case was heard and decided by the Peshawar bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 P Cr (PLP) (SHAUKAT HUSSAIN SHAH — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Haji Muhammad Shakeel for Petitioner.
Headnotes / Summary
S. 497-Control of Narcotic Substances Act (XXV of 1997), S.9(c)
Accused was apprehended on the spot along with 400 grams heroin in presence of witnesses
Report of sample sent for chemical analysis to the Laboratory was in positive
Copies of F. I. Rs. available on file revealed that accused was a habitual offender and dealt in the business of narcotics
Accused though in said cases had not been convicted, but it would not make his case arguable for the purposes of bail, because the registration of so many cases, had supported the plea that accused was a habitual offender dealing in the business of narcotics
Section 103, Cr.P.C. having been excluded from the provisions of Control of Narcotic Substances Act, 1997, there was no need of association of any public person with the process of recovery in such-like cases
Tentative assessment of the material brought on record, reasonably connected accused with the commission of offence which fell within the prohibitory clause of S.497, Cr.P.C. disentitling him to concession of bail
Judgment & Decree
ATTAULLAH KHAN J.
The petitioner, Shaukat Hussain, is involved in case F.I.R. No.370 dated 2-7-2010 of Police Station Cantt. D.I. Khan under section 9-C, C.N.S.A. He has been refused bail by the court below. Hence this application for the same purpose.
2. On receipt of complaints from the general public about the business of narcotics by the accused/petitioner, Nawab Khan S.H.O. of Police Station Cantt. D. I. Khan along with police party after search warrant from the Ilaqa/Judicial Magistrate had raided his house who was found present in the room of the house. On seeing the police party, he took a `Gathri' in his hand but was overpowered and when searched, it contained a plastic envelope having heroin wrapped in 48 purries weighing 400 grams. He was thus arrested in the case in hand.
3. Learned counsel for the petitioner argued that the lady constable who was associated with the search has not been examined. He argued that the search warrant was obtained from the Judicial Magistrate who was not authorized. He submitted that the provisions of section 103, Cr.P.C. have not been complied with.
4. On the contrary, the learned DAG argued that the accused/petitioner is a habitual offender and there are numerous F.I.Rs. against him which all relate to narcotics. He urged that the petitioner was arrested on the spot and the quantity of heroin recovered from his physical possession falls within the prohibitory clause of section 497, Cr.P.C.
5. I have examined record of the case and considered the arguments of the learned counsel for the parties.
6. The record reveals that the accused/petitioner was apprehended on the spot along with 400 grams heroin in presence of witnesses. The report of sample sent for chemical analysis to the FSL is in positive. The copies of F.I.Rs. No. 424 dated 18-8-2009, F.I.R. No. 503 dated 8-11-2009, F.I.R. No. 35 dated 20-1-2009, F.I.R. No. 360 dated 14-5-2006, F.I.R. No. 347 dated 12-7-2009, F.I.R. No. 128 dated 24-3-2005, F.I.R. No. 210 dated 23-4-2005, F.I.R. No. 346 dated 11-7-2009, F.I.R. No. 675 dated 1-11-2009 and F.I.R. No. 210 dated 23-4-2005 available on file reveal that the accused/petitioner is a habitual offender and deals in the business of narcotics. Though in the said cases he has not been convicted, yet it would not make his case arguable for the purposes of bail because the registration of so many cases supports the plea that the petitioner is a habitual offender dealing in the business of narcotics.
7. In so far as the non-compliance of the provision of section 103, Cr.P.C. is concerned, it is pointed out that this section has been excluded from the provisions of C.N.S.A. and there is no need of association of any public person with the process of recovery in such-like cases. Besides, the FSL report is in positive.
8. Therefore, the tentative assessment of the materials so far brought on record reasonably connect the accused/petitioner with the commission of offence which falls within the prohibitory clause of section 497, Cr.P.C. disentitling him to the concession of bail.
9. Consequently, I am not inclined to admit the accused/petitioner to bail and his prayer for bail is accordingly declined. H.B.T./266/P Bail declined.