2010 PLP 2047 (YLR)
MUHAMMAD ILYAS — Petitioner Versus THE STATE — Respondent
| Citation | 2010 PLP 2047 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Khalil Ahmad and Muhammad Akram Qureshi, JJ |
| Parties | MUHAMMAD ILYAS — 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 2047 (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 2047 (YLR)?
The case was heard and decided by the Lahore bench comprising: Khalil Ahmad and Muhammad Akram Qureshi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP 2047 (YLR) (MUHAMMAD ILYAS — Petitioner 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 Sub-stances Act (XXV of 1997), Ss.6/9
Recovery proceedings were witnessed by the Police Officials
Case of the prosecution was not that accused was previously known to the Police Officials who conducted the alleged raid
Accused, after his apprehension in the case, was never put to the identification parade
Nothing was on record to confirm that the house from which alleged recovery was effected, was exclusively owned by accused
Case against accused, in circumstances, was of further inquiry within the ambit of subsection (2) of S.497, Cr.P.C.
Accused was granted bail, in circumstances. Hammad Akbar Wallana for the Petitioner. M.M. Alam, A.P.-G. for the State. Muhammad Sadiq, S.-I. with record.
Judgment & Decree
Petitioner seeks bail after arrest in the case registered vide F.I.R. No.551 of 2007, dated 8-6-2007, under sections 6/9 of the Control of Narcotics Substances Act, 1997, Police Station Nawankot, Lahore. The precise allegation against petitioner Muhammad Ilyas is that his house was pointed out by co-accused Sanawar @ Chhabba and when the raiding party came to his house, he fled away therefrom and left behind Charas weighing two Kilograms.
2. Recovery proceedings were witnessed by the police officials. It is not the case of the prosecution that the petitioner was previously known to the police officials who conducted the alleged raid. After his apprehension in this case, he was never put to the identification parade. There is nothing on record to confirm that the house from which the alleged recovery was effected, was exclusively owned by the petitioner. In the afore-referred circumstances, we are of the, prima facie, view that the petitioner has made out a case one of further inquiry falling within the ambit of subsection (2) to section 497, Cr.P.C. Resultantly, this petition is allowed and the petitioner is granted bail subject to furnishing of bail bonds in the sum of Rs.5,00,000 (Rupees five lac only) with one surety each in the like amount to the satisfaction of the learned trial Court. H.B.T./M-125/L Bail granted.