2007 PLP 1696 (MLD)
PIR BUX and another — Applicants Versus THE STATE — Respondent
| Citation | 2007 PLP 1696 (MLD) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | PIR BUX and another — Applicants Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 PLP 1696 (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 2007 PLP 1696 (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: 2007 PLP 1696 (MLD) (PIR BUX and another — Applicants Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 497, (2)
Control of Narcotic Substances Act (XXV of 1997), Ss.9(c) & 25
Notwithstanding the bar contained under S.25 of Control of Narcotic Substances Act, 1997 thereby excluding the applicability of S.103, Cr. P. C. to Narcotic cases, officials making searches, recoveries and arrests, were reasonably required to associate private persons; more particularly in those cases in which presence of private persons was admitted so as to lend credence to such actions, and to restore public confidence
Such aspect of the matter must not be lost sight of
In the present case, without making any observations on the language of statement of prosecution witness recorded under S.161, Cr.P.C. it could be said with certainty that a case for further inquiry had been made out
Judgment & Decree
MUHAMMAD MOSA K. LEGHARI, J.
The applicants were arrested by the police on the accusation that each of them was found in possession of 1015 grams of Charas while they were travelling in a passenger bus as per the report lodged by S.I.P. Zafar Ali on behalf of the State under section 9(c) Control of Narcotic Substances Act vide Crime No. 06/07 lodged at Police Station Dhabeji, District Thatta on 31-1-2007. Inter alia, the bail is pressed on the grounds that the applicants have been falsely implicated, that in spite of the fact that the applicants were arrested while travelling in a bus in which a number of private persons were available but none of them was associated for the recovery, that a doubt was created after reading 161, Cr.P.C. statement of P.W. Ghulam Mustafa. Learned A.A.-G. has not been able to reconcile the apparent mistake in the statement of P.W. Ghulam Mustafa and states that the case of the applicants calls for further enquiry. The contentions raised have been considered and the material placed on the record has been perused. It must be stated that notwithstanding the bar contained under section 25 of the C.N.S. Act, 1997, thereby excluding the applicability of section 103 Cr.P.C. to Narcotics cases, the officials making searches, recoveries and arrests, are reasonably required to associate private persons, more particularly in those cases in which presence of private persons is admitted so as to lend credence to such actions, and to restore public confidence. This aspect of the matter must not be lost sight of indiscriminately and without exception. Besides that, without making any observations on the language of statement of P.W. Ghulam Mustafa recorded under section 161, Cr.P.C. as the same may cause prejudice to the case of the prosecution, it can be said with certainty that a case for further inquiry has been made out. In the circumstances, the applicants are granted bail in the sum of Rs. 1,00,000 (Rupees One Lac only) each and P.R. Bond in the like amount to the satisfaction of the trial Court. H.B.T./P-14/K Bail granted.