2010 PLP 245 (YLR)
ALAMGIR — Petitioner Versus THE STATE — Respondent
| Citation | 2010 PLP 245 (YLR) |
| Forum / Court | Peshawar |
| Bench Members | Syed Yahya Zahid Gilani, J |
| Parties | ALAMGIR — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2010 PLP 245 (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 2010 PLP 245 (YLR)?
The case was heard and decided by the Peshawar bench comprising: Syed Yahya Zahid Gilani, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP 245 (YLR) (ALAMGIR — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Noor Alam Khan for Petitioner.
- Haizul Asac for Respondent.
- Date of hearing: 8th September, 2008.
Headnotes / Summary
S.497(2)
Control of Narcotic Substances Act (XXV of 1997), S.9
Possession of norcotic
Conscious knowledge of accused about the narcotics concealed in the secret cavities, needed further inquiry, because the prosecution had not brought on record any evidence to show his nexus with the contra band with the vehicle, his previous involvement in similar cases or any other overt Act
Bail in circumstances was granted to accused. PLD 2008 Peshawar 59 ref.
Judgment & Decree
SYED YAHYA ZAHID GILANI, J.
The accused petitioner Alamgir was travelling on the front seat of a car, driven by Saghir Ahmad, wherefrom 21 Kg. Chars, placed in secret cavities was recovered. He was declined bail by the lower forum in relevant case vide F.I.R. No.477 dated 28-6-2008 of Police Station Badbher under section 9(c) CNSA.
2. On the instant application, his counsel agitated lack of his conscious knowledge and community of interest with the driver, as the petitioner accused was allegedly travelling on life basis, because there was transport problem at Bara (Khyber Agency), due to military operation, wherefrom the vehicle approached.
3. Learned State counsel resisted the bail application because of huge quantity of recovered narcotics and added that the plea of the accused petitioner is not reasonably convincing.
4. Conscious knowledge of accused petitioner about the narcotics concealed in the secret cavities needs further inquiry because the prosecution has not brought on record any evidence to show his nexus with the contraband, with the vehicle, with the driver, his previous involvement in similar cases or any other overt Act. In such circumstances bail has been granted to accused in different cases referred by learned counsel for the petitioner. Reference to unreported judgments of this Court in Cr. Miscellaneous No.877 of 2004, Cr. Miscellaneous No.148 of 2008 and PLD 2008 Peshawar 59 would be sufficient.
5. Consequently the application of accused petitioner Alamgir is accepted. He shall be released on bail if he furnishes bail bond in the sum of Rs.200,000 with two sureties, each in the like amount, to the satisfaction of the Illaqa Judicial Magistrate/Magistrate on Duty. H.B.T./192/P Bail granted.