1989 PLP 2329 (MLD)
NADIR ALI — Petitioner Versus THE STATE — Respondent
| Citation | 1989 PLP 2329 (MLD) |
| Forum / Court | Karachi |
| Bench Members | Qaiser Ahmed Hamidi, J |
| Parties | NADIR ALI — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1989 PLP 2329 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 2329 (MLD)?
The case was heard and decided by the Karachi bench comprising: Qaiser Ahmed Hamidi, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 2329 (MLD) (NADIR ALI — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mrs. Navin Merchant for Petitioner.
Headnotes / Summary
S.497--Customs Act (IV of 1969),- 5.156(1)(8)--Bail, grant of--Accused apprehended at airport while carrying 1200 grams of heroin powder--Mashirs of recovery exonerating accused in sworn affidavits--Case of further enquiry--Bail granted in circumstances. Nazar Hussain Shah and another 1979 S C M R 137 and Rehamat Ali and another v. The State 1979 S C M R 30 ref. Dinu alias Din Muhammad v. The State 1988 P Cr. L J 1362 ref. Ali Gul and 3 others v. The State 1986 P Cr. L J 433 and Nawaz and Nazra v. The State N L R 1980 Criminal Lah.73 ref. Abdul Sattar for the State alongwith Ali Athar Shah, Investigating Officer.
Judgment & Decree
Dinu alias Din Muhammad v. The State 1988 P Cr. L J 1362 ref. Ali Gul and 3 others v. The State 1986 P Cr. L J 433 and Nawaz and Nazra v. The State N L R 1980 Criminal Lah.73 ref. Mrs. Navin Merchant for Petitioner. Abdul Sattar for the State alongwith Ali Athar Shah, Investigating Officer. On 1-11-1988 the applicant was apprehended alongwith co-accused Mi r Baz Khan and Javed Iqbal at Terminal No.III, Karachi Air Port and from his possession 1200 grams of powder of heroin was recovered. Such memo was prepared in presence of Mashiros Mangal and Roban Masih. On the same day at 6.30 a.m. the report of this incident was registered. After usual investigation, the applicant alongwith co-accused were sent up before Special Judge (Customs and Taxation), Karachi, where the applicant applied for bail, but without any Success.
2. I have heard Mrs. Navin Merchant, learned counsel for the applicant and Mr. Abdul Sattar, learned counsel representing the State. The latter has conceded to the grant of bail to the present applicant.
3. Mrs. Navin Merchant, learned counsel for the applicant, who has presented the case with ability, has stressed mainly upon the affidavits filed by both the mashirs thereby exonerating the applicant. She has relied upon the cases reported as Allah Bakhsh v. Nazar Hussain Shah and another v. (1979 S.C.M.R 137), Rehmat Ali- and another v. The State (1979 S.C.M.R 30) Dinu Ilias Din Muhammad v. The State (1988 PCR.LJ 1362), Ali Gul and 3 others v. The State (1986 P.Cr.L.J. 433) and Nawaz and Nazar v. The State (N.L.R. 1980 Criminal Lah.73) in an attempt to show that in the aforesaid circumstances the case would require further inquiry and consequently the applicant is entitled to bail under sub-section (2) of section 497 Cr.P.C. Keeping the above position in view I admit the applicant to bail in the sum of Rs.100,000 (Rupees one lac) with P.R. in the like amount to the satisfaction of the Nazir of this Court. SA./N-177/K Bail granted.