2005 P Cr (PLP)
MUHAMMAD BILAL‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 2005 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | Tassaduq Hussain Jilani and Muhammad Sayeed Akhtar, JJ |
| Parties | MUHAMMAD BILAL‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 2005 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: Tassaduq Hussain Jilani and Muhammad Sayeed Akhtar, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 P Cr (PLP) (MUHAMMAD BILAL‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mushtaq Ahmad Chaudhry for Petitioner.
- Date of hearing: 26th April, 2004.
Headnotes / Summary
‑‑‑‑S. 497(2)‑‑‑Control of Narcotic Substances Act (XXV of 1997), Ss.6/9‑‑‑Bail, grant of‑‑‑Further inquiry‑‑‑Case of prosecution was that a bag containing "Posst" weighing 50 Kgs. was recovered from accused who allegedly admitted to have carried said bag at the asking of his father to be delivered to some other person‑‑‑Father of accused or said other person were not joined in investigation‑‑‑Accused, who was between 13/14 years of age, could not carry such a heavy bag‑‑‑Non‑association of father of accused and said other person to whom said bag was to be delivered, had made question of accused's guilt a matter of further inquiry‑‑‑Accused was admitted to bail, in circumstances. Mushtaq Ahmad Bhatti for the State.
Judgment & Decree
Mushtaq Ahmad Chaudhry for Petitioner. Mushtaq Ahmad Bhatti for the State. Date of hearing: 26th April, 2004. Petitioner seeks bail in a case registered vide F.I.R. No.439, dated 22‑12‑2003 under sections 6/9 of the C.N.S.A. at Police Station Batapur, Lahore. The prosecution story is that on a source report to the effect that at the bus stand a huge quantity of "Posst" is likely to arrive, a raid was conducted and the police party found petitioner deboarding a bus carrying a bag. He was arrested and when the bag was opened it contained "Posst" weighing 50 kilograms.
2. Learned counsel for the petitioner seeks bail on the grounds that the petitioner is between 13/14 years of age, that a body of this age is even otherwise incapable of carrying a bag weighing 50 kilograms, that the case has been registered for 'mala' fide reason and that petitioner is not involved in any other criminal case. Learned counsel for the State opposes the petition by submitting that the offence alleged is serious in nature and that no case for bail is made out. He, however, does not deny that the petitioner is about 14 years of age.
3. Heard.
4. As per the prosecution the afore‑referred bag was recovered from the petitioner, who in his statement recorded before the police allegedly admitted to have carried the bag at the asking of his father to be delivered to one Muhammad Shafique. It is conceded before this Court by the learned State Counsel that neither petitioner's father nor the afore referred Muhammad Shafique were made to join the investigation. Prima facie it is repellent to common sense a minor of petitioner's age and physique could carry such a heavy bag. The non‑association of petitioner's father and the person to whom the bag was to be delivered makes the question of petitioner's guilt a matter of further inquiry. In the afore‑referred circumstances this petition is allowed and subject to furnishing bail bonds in the sum of Rs.50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court, he shall be released on bail. H.B.T./M‑687/L Bail granted.