2016 PLP 1424 (SCMR)
ATEEB UR REHMAN @ ATTI MOCHI — Petitioner Versus The STATE and others — Respondents
| Citation | 2016 PLP 1424 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Umar Ata Bandial and Manzoor Ahmad Malik, JJ |
| Parties | ATEEB UR REHMAN @ ATTI MOCHI — Petitioner Versus The STATE and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2016 PLP 1424 (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 2016 PLP 1424 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Umar Ata Bandial and Manzoor Ahmad Malik, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2016 PLP 1424 (SCMR) (ATEEB UR REHMAN @ ATTI MOCHI — Petitioner Versus The STATE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mushtaq Ahmad Mohal, Advocate Supreme Court and Mahmudul Islam, Advocate-on-Record for Petitioner.
- Date of hearing: 17th May, 2016.
Headnotes / Summary
(Against the order of the Lahore High Court, Lahore dated 16-2-2016 passed in Crl. Misc. No.1409-B of 2016)
S. 497(2)
Control of Narcotic Substances Act (XXV of 1997), Ss.9(b) & 9(c)
Border line case between Ss. 9(b) & 9(c) of Control of Narcotic Substances Act, 1997
Accused was allegedly found in possession of 1014 grams of heroin, contained in a shopper/polythene bag
Prosecution, after going through the recovery memo available on the file of police record, could not show whether the recovered heroin was weighed along with the polythene bag or otherwise
If the recovered heroin was weighed along with the polythene bag, prima facie, the weight of the heroin without the polythene bag, might have come to 1000 grams or less, in which eventuality, the case of the accused would fall within the ambit of S. 9(b) of the Control of Narcotic Substances Act, 1997
In such backdrop, the case of the accused was one of further inquiry falling within the purview of S.497(2), Cr.P.C.
Accused was allowed bail accordingly. Asjad Javed Ghurral, Additional P.-G. for the State.
Judgment & Decree
MANZOOR AHMAD MALIK, J.
The petitioner seeks bail in case FIR No. 391 of 2015 dated 02.11.2015, offence under sections 9(c), of the Control of Narcotic Substances Act, 1997, registered at P.S. Jalalpur Jattan, District Gujrat.
2. Precise allegation against the petitioner, as contained in the FIR, is that on 02.11.2015, on a spy information, petitioner was apprehended by the raiding party and on his search, from a shopper which he was holding in his right hand, heroin along with some money were recovered; that on weighing the heroin, it was, found 1014 grams.
3. After hearing the learned counsel for the petitioner, learned Additional Prosecutor General Punjab and perusing the material available on record, we have noticed that when the petitioner was apprehended, 1014 grams of heroin was allegedly recovered from a shopper bag which he was carrying in his right hand. On Court query, the learned Additional Prosecutor General, after going through the recovery memo available on the file of police record, could not show that the recovered heroin was weighed along with the polythene bag or otherwise. If the recovered heroin was weighed along with the polythene bag, prima facie, the weight of the heroin without the polythene bag, if weighed, might have come to 1000 grams or less than that and in that eventuality, the case of the present petitioner would have fallen within the ambit of section 9(b) of the Control of Narcotic Substances Act, 1997. In this backdrop, the case of the petitioner becomes one of further enquiry falling within the purview of section 497(2) of the Code of Criminal Procedure.
4. For what has been discussed above, this petition is converted into appeal and the same is allowed. Consequently, petitioner Atteb-ur-Rehman @ Atti Mochi is allowed bail in the instant FIR, subject to furnishing his bail bond in the sum of RS. 1,00,000/- (rupees one lac only), with one surety, in the like amount to the satisfaction of learned trial Court. MWA/A-13/SC Bail allowed.