2007 PLP 3130 (YLR)
OBIAQWU EZEKEKE and another — Petitioners Versus THE STATE — Respondent
| Citation | 2007 PLP 3130 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Asif Saeed Khan Khosa and Sardar Muhammad Aslam, JJ |
| Parties | OBIAQWU EZEKEKE and another — Petitioners Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 PLP 3130 (YLR)?
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 3130 (YLR)?
The case was heard and decided by the Lahore bench comprising: Asif Saeed Khan Khosa and Sardar Muhammad Aslam, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 PLP 3130 (YLR) (OBIAQWU EZEKEKE and another — Petitioners Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Aftab Ahmed Bajwa for Petitioners.
Headnotes / Summary
S. 497(2)
Control of Narcotic Substances Act (XXV of 1997), Ss.9(c) & 15
Bail, grant o/~--Further inquiry
.Nothing had been recovered from accused 's possession during investigation of the case--Accused had been implicated in the case upon statement of a co-accused allegedly made before Anti-Narcotic Force
Worth and evidentiary value of such a statement of co-accused would be gone into by the Trial Court at the time of trial
No prosecution witness had uttered even a single word against accused in his statement recorded under S.161, Cr. P: C.
Case against accused called for further inquiry into their guilt--Accused happened to be Nigerian citizens, their passports had already been taken into possession by Investigating Agency
Accused were admitted to bail, in circumstances. Muhammad Sharif, Special Public Prosecutor for ANF.
Judgment & Decree
Through this petition Obiagwu Ezekeke and Nester petitioners have sought post-arrest bail in case F.I.R. No.10 registered at Police Station ANF, Lahore on 11-3-2004 for an offence under sections 9(c)./15 of the Control of Narcotic Substances Act, 1997.
2. Admittedly nothing .had been recovered from the petitioners' possession during the investigation of this case. The petitioner's had been implicated in this case upon a statement of a co-accused of the petitioners allegedly made before the Anti-Narcotics Force. The worth and evidentiary value of such a statement of a co-accused vis-a-vis the petitioners shall be gone into by the learned trial Court at the time of the trial. It is not disputed that no prosecution witness has uttered even a single word against the present petitioners in their statements recorded under section 161, Cr.P.C. In these circumstances the case against the petitioners surely calls for further inquiry into their guilt. The petitioners happen to be Nigerian citizens and their passports have already been taken into possession by the investigating agency. This petition is, therefore, allowed and the petitioners are admitted to bail subject to furnishing bail bonds in the sum of Rs.1,00,000 (Rupees one hundred thousand only) each with one surety each in the like amount to the satisfaction of the learned trial Court. H.B.T./O-4/L Bail granted.