2006 PLP 1100 (YLR)
AKRAM — Petitioner Versus THE STATE — Respondent
| Citation | 2006 PLP 1100 (YLR) |
| Forum / Court | Peshawar |
| Bench Members | Muhammad Raza Khan, J |
| Parties | AKRAM — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2006 PLP 1100 (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 2006 PLP 1100 (YLR)?
The case was heard and decided by the Peshawar bench comprising: Muhammad Raza Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 1100 (YLR) (AKRAM — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ghulam Hur Khan Balooch for Petitioner.
- Date of hearing: 30th June, 2005.
Headnotes / Summary
S. 497
Prohibition (Enforcement of Hadd) Order (4 of 1979), Art.3
Control of Narcotic Substances Act (XXV of 1997), S.9(a)
Bail, grant of-Recovery of 15 kilograms "Shang" from house of accused
Raid was conducted at 10 p.m. without search warrant, but accused was not found in house, where other persons were also residing
Such recovery could not be deemed to have been made from possession of accused
Maximum punishment provided under Art.3 of Prohibition (Enforcement of Hadd) Order, 1979 would not fall within prohibitory clause of 5.497, Cr.P.C.
Accused was not a previous convict and was a P.T.C. teacher in Education Department
Accused was granted bail in circumstances. Muhammad Yaqoob Khan Marwat for the State.
Judgment & Decree
MUHAMMAD RAZA KHAN, J.
Petitioner, Akram seeks his release on bail in case F.I.R. No.235 dated 7-5-2005, Police Station, City D.I.Khan registered against him on account of recovery of 15 kilograms 'Bhank' from his residence on 7-5-2005 by the raiding party.
2. Arguments heard and record perused.
3. The F.I.R. contains the details that the spy information was to the effect that the petitioner was busy in selling the narcotics in his home and so, a raid was conducted where the petitioner was not found but from the house search, the said quantity of Shang' was recovered. The raid was allegedly conducted at 2200 hours without any search warrant and the petitioner was not found in the house. He has been charged under Article 3 of Prohibition (Enforcement of Hadd) Order, 1979 which has a maximum punishment of five years. The house from where the recovery is made is inhabited by others as well and therefore, the recovery, in the absence of the petitioner, cannot be deemed to have been made from his possession. He is not a previous convict and was a PTC teacher in the Education Department.
4. Without prejudice to the result of the case after trial, tentatively it appears that he has been involved for some other motives and the recovery was not made from his possession. The maximum punishment does not fall within the prohibitory clause, therefore; in view of all these factors, this petition is allowed and the petitioner be released on bail on furnishing bail bonds in the sum of Rs.2,00,000 (Rupees two lacs) with two sureties each in the like amount to the satisfaction of Illaqa/Duty Judicial Magistrate. S.A.K./46/P???????????????????????????????????????????????????????????????????????????????????????? Bail granted.