1999 PLP 1732 (YLR)
SAKINA‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 1999 PLP 1732 (YLR) |
| Forum / Court | Peshawar |
| Bench Members | Jawaid Nawaz Khan Gandapur, J |
| Parties | SAKINA‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
Q1: What are the key laws and sections cited in 1999 PLP 1732 (YLR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1999 PLP 1732 (YLR)?
The case was heard and decided by the Peshawar bench comprising: Jawaid Nawaz Khan Gandapur, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1999 PLP 1732 (YLR) (SAKINA‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Abdur Rehman Khan for Petitioner.
Headnotes / Summary
Criminal Procedure Code (V of 1898)‑‑‑ ‑‑‑‑S.497‑‑‑Control of Narcotic Substances Act (XXV of 1997), Ss. 6, 7, 8 & 9‑‑‑Bail‑‑ Recovery of one kilogram heroin had been effected from the actual possession of accused which was confirmed as heroin by the Chemical Examiner's Report‑‑‑Accused on the very next day of her arrest had confessed her guilt‑‑‑No justification was found by the High Court to interfere with the discretion judiciously exercised by the lower Court in disallowing bail to accused‑‑‑Bail application filed by accused was dismissed in limine accordingly.
Judgment & Decree
The learned counsel for the petitioner present and heard. The available record perused carefully.
2. Contraband heroin powder weighing 1 k.g. was recovered from the possession of the petitioner as detailed in the F.I.R. She was accordingly arrested and the present case under sections 6, 7, 8 and 9 of the Control of Narcotic Substances Act, 1997 was registered against her at Police Station, Anti‑Narcotic Force, Peshawar, vide F.I.R. No.14, dated 31‑5‑1998.
3. After having failed to procure bail from the Judge, Special Court, Peshawar she has now approached this Court for the redress of her grievance alleging that she is innocent, falsely charged and, therefore, entitled to be released on bail.
4. A perusal of the order of the Judge, Special Court would show that the recovery of the contraband heroin powder was effected from the actual possession of the petitioner. Besides, the F.S.L. Report confirms that the item, so recovered, is in fact contraband heroin powder. Additionally, on the very next day of her arrest the petitioner confessed her guilt.
5. Keeping in view the confessional statement of the petitioner, the Chemical Examiner's Report and the fact that the Judge, Special Court, Peshawar (Mr. Shah Jee Rehman Khan) has recorded a speaking order I do not see any justification to interfere with the discretion exercised by the lower Court judiciously.
6. This bail petition is without any substance, does not merit consideration and, is, therefore, dismissed in limine. N.H.Q./327/P Bail refused.